Fifth Circuit Opens Door to Removal Following Involuntary Dismissal of Non-Diverse Defendant
The Energy Law Blog
SEPTEMBER 9, 2019
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 defendant who settled with the plaintiff.
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