When plaintiffs in a state court defamation suit anticipate a defense and respond to it in their opening pleading by citing to the First Amendment, the defense cannot then seize upon that response to remove the suit to federal court, the 3rd U.S. Circuit Court of Appeals has ruled.
Senior U.S. Circuit Judge Max Rosenn said that the defamation suit should not have been removed to Eastern District Court on the basis of federal question jurisdiction.
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