Monday, December 15, 2014

Supreme Court: Notice of Removal Requires Only A Short and Plain Statement Regarding the Basis for Jurisdiction

In Dart Cherokee Basin Operating Co. v. Owens, a divided United States Supreme Court answered one question regarding the evidence needed to sustain a removal to federal court. The question was stated by the Court as follows:
To assert the amount in controversy adequately in the removal notice, does it suffice to allege the requisite amount plausibly, or must the defendant incorporate into the notice of removal evidence supporting the allegation? 
"That is the single question argued here and below by the parties and the issue on which we granted review,” and to answer that question the Court stated:
The answer, we hold, is supplied by the removal statute itself.  A statement “short and plain” need not contain evidentiary submissions.
(emphasis supplied). 

As for the comment above regarding it being a divided Court, the concurring and dissenting justices are shown below:
  • GINSBURG, J., delivered the opinion of the Court, in which ROBERTS, C. J., and BREYER, ALITO, and SOTOMAYOR, JJ., joined.
  • SCALIA, J., filed a dissenting opinion, in which KENNEDY and KAGAN, JJ., joined, and in which THOMAS, J., joined as to all but the final sentence.
  • THOMAS, J., filed a dissenting opinion.


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