28 U.S.C. § 1446(b)(2)(A)

Definition

28 U.S.C. § 1446(b)(2)(A) is a provision that governs the procedure for removing a case from state court to federal court when there are multiple defendants. This section specifically states that all defendants who have been properly joined and served must consent to the removal of the case, ensuring that no defendant can unilaterally decide to remove a case without the agreement of the others.

5 Must Know Facts For Your Next Test

1. Under 28 U.S.C. § 1446(b)(2)(A), if one defendant consents to removal, all other defendants must also provide their consent, which prevents 'forum shopping' by individual defendants.
2. This statute ensures fairness in the removal process, as it requires unanimous consent from all properly joined and served defendants before a case can be removed to federal court.
3. Failure to obtain the necessary consent from all defendants will result in the denial of the removal request and may require the case to remain in state court.
4. The requirement for consent applies only to defendants who have been properly joined and served; thus, improperly joined or unserved defendants do not need to consent.
5. This provision is crucial in multi-defendant cases, where the potential for conflicting interests among defendants could arise during the removal process.

Review Questions

• How does 28 U.S.C. § 1446(b)(2)(A) affect the removal process when there are multiple defendants in a case?
  • 28 U.S.C. § 1446(b)(2)(A) mandates that all properly joined and served defendants must consent to the removal of a case from state court to federal court. This requirement is essential because it prevents one defendant from making unilateral decisions that could disadvantage others or create an unfair advantage in jurisdictional matters. The provision promotes cooperation among defendants and ensures that their interests are aligned before seeking removal.
• Evaluate the implications of not obtaining consent from all defendants under 28 U.S.C. § 1446(b)(2)(A) for a successful removal attempt.
  • If a plaintiff attempts to remove a case without obtaining consent from all properly joined and served defendants as required by 28 U.S.C. § 1446(b)(2)(A), the removal will likely be denied. This failure can lead to the case remaining in state court, where procedural rules may differ significantly from those in federal court, potentially impacting strategy and outcomes. Additionally, this situation could expose the removing party to further litigation costs and complications associated with remaining in a less favorable forum.
• Discuss how the requirement for unanimous consent under 28 U.S.C. § 1446(b)(2)(A) aligns with broader principles of fairness and equity in multi-defendant litigation.
  • The requirement for unanimous consent under 28 U.S.C. § 1446(b)(2)(A) embodies key principles of fairness and equity by ensuring that all defendants have an equal say in whether a case should be moved to federal court. This statute prevents any single defendant from taking advantage of procedural rules to benefit themselves at the expense of others, which could lead to conflicting interests and unfair trial conditions. By mandating that all parties agree on such significant decisions, the provision fosters a collaborative legal environment that respects the rights and interests of every defendant involved.

Related terms

Removal: The process of transferring a case from state court to federal court, often based on the grounds of diversity jurisdiction or federal question jurisdiction.

Joinder: The legal practice of bringing multiple parties into a single lawsuit, which can affect jurisdiction and procedural outcomes.

Consent: The agreement of all parties involved in a lawsuit, necessary for the proper removal of a case under certain statutes, including 28 U.S.C. § 1446.