Two recent decisions prove that nothing is as simple as it seems especially removal. The opinions by the U.S. District Court for the Eastern District of Pennsylvania in February illustrate hidden traps in the removal process. Given the importance of forum to the outcome, litigation counsel should understand not just the letter of removal statutes, but the nuances developed by recent case law.
Most trial lawyers know the basic rule: Defendants may remove a case from state to federal court if the federal court has original jurisdiction because of either diversity of citizenship or subject matter. But removal jurisdiction, particularly when based on diversity, is limited by the so-called "forum defendant rule." That rule, 28 U.S.C. § 1441(b)(2), precludes removal on the basis of diversity jurisdiction where one of the defendants that has been "properly joined and served" is a citizen of the forum state.
