With surprisingly little coverage or commentary, on Dec. 7, 2011, President Obama signed new legislation that will significantly change the rules for removing cases to federal court. The Federal Courts Jurisdiction and Venue Clarification Act of 2011, which went into effect on Jan. 6, represents a major shift in the availability and scope of federal removal jurisdiction.
Because these changes go to the heart of how and when cases may be removed to federal court, they are sure to have substantial impact on civil litigation in 2012 and beyond. This article summarizes for practitioners some of the more significant changes to removal jurisdiction. Although not the topic of this article, lawyers should also be aware that the act makes some noteworthy changes to transfer and venue.
