Friday, March 03, 2006

Fourth Circuit issues a reminder opinion on removal and subject matter jurisdiction

In Payne v. Brake, the Fourth Circuit, inter alia, dealt with a claim that failure of all defendants to join in the removal petition deprives a district court of subject matter jurisdiction.

The Fourth Circuit rejected this claim and reminded the attorneys that "Failure of all defendants to join in the removal petition does not implicate the court's subject matter jurisdiction. Rather, it is merely an error in the removal process. As a result, a plaintiff who fails to make a timely objection waives the objection."

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