In Behrens v. JPMorgan Chase Bank N.A., — F.4th —, 2024 WL 1080026 (2d Cir. Mar. 13, 2024), the U.S. Court of Appeals for the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.

In a unanimous opinion authored by Circuit Judge Dennis Jacobs and joined by Circuit Judges Richard C. Wesley and Beth Robinson, the Second Circuit agreed with the district court that a party may forfeit subject-matter jurisdiction by failing to invoke it timely even though lack of subject-matter jurisdiction can be raised at any point in a proceeding.