Archives: Civil Procedure

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Fifth Circuit Opens Door to Removal Following Involuntary Dismissal of Non-Diverse Defendant

When is a case removable to federal court?  The general rule is that removability is determined at the time a case is filed.  One exception is the so-called “voluntary-involuntary” rule, which permits removal only when the plaintiff’s voluntary action in state court creates federal jurisdiction.  The textbook example is the voluntary dismissal of a non-diverse … Continue Reading

5th Circuit Grants En Banc Rehearing to Address Federal Officer Removal

After years of inconsistent rulings, the Fifth Circuit is poised to address a removal issue with significant ramifications for Louisiana tort cases. The previous version of 28 U.S.C. § 1442 authorized removal to federal court of a suit against a federal officer “only when the state suit was ‘for any act under color of such … Continue Reading
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