Appellant appealed the district court's denial of his motion to remand his retaliation suit against his former employer and its finding that he did not prove retaliatory termination under Texas law. The motion for removal was timely because the removal clock was not triggered until CVS received a copy of an "amended pleading ? from which" it was first ascertainable that the case was removable. Because CVS showed that the appellant had no reasonable possibility for recovery against them under Texas law, they were improperly joined. Therefore, complete diversity existed between the parties such that the district court had jurisdiction. On the merits, the appellant's proximity evidence, without other persuasive evidence of pretext, failed to show retaliation by a preponderance of the evidence. The judgment of the district court is affirmed.
Mumfrey v. CVS Pharmacy, Inc.
July 2, 2013