28 U.S.C. § 1441(b)(2)

Definition

28 U.S.C. § 1441(b)(2) is a statute that addresses the removal of cases from state court to federal court, specifically outlining the limitations on removal based on the citizenship of the parties involved. This section is crucial in determining whether a case can be removed when a defendant is a citizen of the state in which the action was brought, establishing a principle known as 'forum defendant rule'. Understanding this statute is essential for grasping how removal and remand processes operate in civil procedure.

5 Must Know Facts For Your Next Test

1. Section 1441(b)(2) specifically states that a civil action otherwise removable based on diversity jurisdiction may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the state in which the action was brought.
2. This statute ensures that plaintiffs can choose their forum and limits defendants from removing cases to federal court to avoid local bias if they are citizens of that state.
3. The forum defendant rule is only applicable in diversity jurisdiction cases, meaning it does not affect cases that arise under federal law.
4. A defendant can waive their right to remove by failing to act timely, as the statute imposes a strict 30-day period for filing a notice of removal after receiving the initial complaint.
5. If a case is improperly removed due to the application of § 1441(b)(2), it must be remanded back to the state court upon motion by the plaintiff.

Review Questions

• How does 28 U.S.C. § 1441(b)(2) influence a defendant's decision to remove a case to federal court?
  • 28 U.S.C. § 1441(b)(2) directly affects a defendant's ability to remove a case by establishing that if any defendant is a citizen of the state where the lawsuit was filed, then removal based on diversity jurisdiction is prohibited. This means that defendants who are forum citizens cannot use federal courts as an escape from local courts. Understanding this provision helps defendants strategize their legal approach while also ensuring fairness in legal proceedings by preventing home-state advantage.
• Discuss the implications of the forum defendant rule established in 28 U.S.C. § 1441(b)(2) on plaintiffs and defendants during litigation.
  • The forum defendant rule impacts both plaintiffs and defendants significantly by protecting plaintiffs' rights to choose their litigation venue without fear of having their cases moved to federal court by local defendants. This promotes local jurisdiction and prevents potential biases in favor of out-of-state defendants. For defendants, especially those who are citizens of the state where the suit was filed, it places them at a disadvantage if they wish to argue for removal since they cannot do so under this provision, thus ensuring that they face their claims in a familiar forum.
• Evaluate how 28 U.S.C. § 1441(b)(2) fits within the broader framework of removal and remand processes in civil procedure.
  • 28 U.S.C. § 1441(b)(2) plays a critical role within the broader framework of removal and remand processes by setting clear boundaries for when removal is appropriate based on party citizenship. Its forum defendant rule reflects an intent to maintain fairness in litigation and respect state sovereignty by limiting out-of-state defendants' ability to manipulate jurisdictional advantages. The existence of this statute emphasizes the tension between federal and state judicial systems and underscores why proper removal procedures are vital, influencing how litigants strategize their cases across different jurisdictions.

Related terms

Removal Jurisdiction: The authority of a defendant to transfer a case from state court to federal court, typically based on diversity of citizenship or federal question jurisdiction.

Forum Defendant Rule: A legal principle that prohibits removal of a case to federal court when any of the defendants is a citizen of the state where the action was brought.

Remand: The process of sending a case back from federal court to state court, often occurring when it is determined that removal was improper.