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ARTICLE · 08 APRIL 2014

Supreme Court Docket Report - April 7, 2014

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To remove a civil action from state court to federal court, the defendant must "file … a notice of removal … containing a short and plain statement of the grounds for removal." 28 U.S.C. § 1446(a).

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
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Keywords: CAFA, jurisdictional allegations, removal notice, civil action

Yesterday, the Supreme Court granted certiorari in one case of interest to the business community:

Federal Jurisdiction—Class Action Fairness Act—Sufficiency of Jurisdictional Allegations in Removal Notice

To remove a civil action from state court to federal court, the defendant must "file ... a notice of removal ... containing a short and plain statement of the grounds for removal." 28 U.S.C. § 1446(a). Today, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, to decide whether a notice of removal must also include evidence supporting jurisdiction if the facts establishing jurisdiction do not appear on the face of the state-court complaint. The Court's resolution of this issue will be important to all businesses seeking to remove state-court lawsuits—and especially state-court class actions—to the federal courts.

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