Federal trial judges cannot on their own motions send a case back to a state court on the basis of procedural defects in the way the case was removed, the 3rd U.S. Circuit Court of Appeals has ruled.
With its ruling in In Re: FMC Corp., the 3rd Circuit aligns itself with four other circuits that have ruled the same way — the 5th, 6th, 7th and 11th — and effectively puts an end to a practice that had become common for U.S. District Judge Alfred J. Lechner of the District of New Jersey.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]