Fed. R. Civ. P. 15(a)(1) – Paul Mollica's Federal Courts Blog

Eighth Circuit Holds That There Is No Subject-Matter Jurisdiction Over Removed Case Once Plaintiff Amends Their Complaint to Strip Out All Federal-Law Allegations, Noting Split with Second and Fifth Circuits

In Wullschleger v. Royal Canin U.S.A., Inc., No. 22-1796 (8th Cir. July 31, 2023), on its second trip to the Eighth Circuit, the court holds that a class-action plaintiff successfully outfoxed the defendants by promptly amending their removed complaint to strike out all federal-law allegations, thus depriving the district court of subject-matter jurisdiction. This isContinue reading “Eighth Circuit Holds That There Is No Subject-Matter Jurisdiction Over Removed Case Once Plaintiff Amends Their Complaint to Strip Out All Federal-Law Allegations, Noting Split with Second and Fifth Circuits”