Texas District Courts Support "Snap Removal" by Home-State Defendants in Salty Wake of Texas Brine
A hypothetical is important for this article. Here we go: In relation to a multi-million dollar contract dispute, a Louisianan sues a Mississippian…
October 06, 2020 at 05:13 PM
6 minute read
A hypothetical is important for this article. Here we go: In relation to a multi-million dollar contract dispute, a Louisianan sues a Mississippian and a Texan in Texas state court. The Texan, of course, is a home-state or forum defendant. Most 1L law students recognize that the parties' complete diversity and the case's amount in controversy confers "original" or diversity jurisdiction in federal court. But the ambitious law student also is quick to recognize that the defendants' right to removal could be flouted by the "forum-defendant rule," which rule prohibits removal based on diversity jurisdiction if any of the "properly joined and served" defendants is a citizens of the state in which the action was filed. 28 U.S.C. § 1441(b)(2).
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