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ARTICLE · 24 MAY 2024

Master Of Its Choice Of Forum?

Foley & Lardner LLP
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On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily ...

United StatesLitigation, Mediation & Arbitration
Richard Davis
Richard Davis
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Supreme Court to Decide if a Plaintiff May Compel Remand of a Removed Case by Voluntarily Dismissing Its Federal Claims

On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily amending its complaint to leave only state law claims. Royal Canin U.S.A., Inc. v. Wullschleger, No. 23-677, 2024 WL 1839095 (U.S. Apr. 29, 2024).

The Royal Canin case is a class action. Last year, the Eighth Circuit held that "amending a complaint to eliminate the only federal questions destroys subject-matter jurisdiction." Wullschleger v. Royal Canin U.S.A., Inc., 75 F.4th 918 (8th Cir. 2023). In seeking Supreme Court review, the Defendants argued that the decision "runs roughshod over a defendant's statutory right to remove" and "departs from all other circuits."

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