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Does Joinder of a Forum Defendant Always Prevent Removal?

A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." The rule reflects the assumption that "[federal] diversity jurisdiction is unnecessary because there is less reason to fear state court prejudice against the defendants if one or more of them is from the forum state." Spencer v.…

26 minute readApril 29, 2009 at 02:19 PM
By
Mary Clare Bonaccorsi
Dmitry Shifrin
Does Joinder of a Forum Defendant Always Prevent Removal?

A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the “forum defendant rule.”

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