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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