Jurisdiction – Removal – Waiver – Unanimity

By New England In-House Staff
Posted: 6:04 pm Tue, January 24, 2012
TAGS: Jan. 30 2012 issue

The removal of a diversity case by an in-forum defendant, in contravention of the 28 U.S.C. §1441(b) prohibition against removal by an in-forum defendant, is not jurisdictional in nature but merely a procedural defect that may be waived.

Samaan v. St. Joseph Hospital, et al. (Lawyers Weekly No. 01-005-12) (38 pages) (Selya, J.) (1st Circuit) Appealed from the U.S. District Court for the District of Maine (Docket No. 11-1480) (Jan. 9, 2012).