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ARTICLE · 28 JANUARY 2022

This Week At The Ninth: Disagreements On Display

Morrison Foerster
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This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability.

United StatesLitigation, Mediation & Arbitration
Lena H. Hughes
Lena H. Hughes
Zachary Fuchs
Zachary Fuchs
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This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability.

SHARMA V. HIS ASSET LOAN OBLIGATION TRUST 2007-1

The Court holds that only a named defendant may remove a case to federal court under 28 U.S.C. § 1441(a).

Panel: Judges Lucero (10th Cir.), Ikuta, and VanDyke, with Judge VanDyke writing the opinion

Key Highlight: "As a federal court, we must enforce congressionally enacted limits on our jurisdiction. Constrained by the text of 28 U.S.C. § 1441(a), we . . . hold that only the actual named 'defendant or the defendants' may remove a case under that removal provision."

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