Thursday, March 12, 2009

Removing Party Entitled to Correct Procedural Defect in Removal Petition

In Corporate Management Advisors v. Artjen Complexus (08-14606), the Eleventh Circuit reversed the District Court's sua sponte remand order. The defendant removed the case from state court to federal court, however, only alleged the residency of the plaintiff as opposed to the citizenship of the plaintiff. Based upon the defect in the removal petition, the District Court remanded the case. The Eleventh Circuit reversed and held that failure to properly establish citizenship in the removal petition is a procedural defect and the districts court cannot remand a matter based upon a procedural defect absent a motion timely filed by a party. Further, the court instructed the district court to allow the defendant to correct the procedural defect on remand.


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