(decided January 15, 2025)
Federal statutes authorize the defendant in a state court lawsuit to “remove” the lawsuit to a federal trial court if the lawsuit alleges a claim against that defendant “arising under” a federal law. 28 U.S.C. §§ 1331,1441. When the state court lawsuit also alleges a claim against the defendant arising only under a state law, the “removal” statutes operating with another federal statute frequently authorize the federal court to hear and decide both claims. 28 U.S.C. § 1367. In the captioned case, when a “removal” to federal court has been accomplished under both of those circumstances, the Court held that the original plaintiff may amend its complaint to delete the federal claim, to deprive the federal court of jurisdiction to hear any part of the case, and to require the federal court to remand the still pending state law claim back to the state court where it originated. The Court said a careful reading of all of these statutes together compelled this ruling.
COMMENT: The Court correctly read the three statutes “in para materia,” as originating from and pursuing the same general intention of the United States Congress, despite their temporal separation by several years. Their substance, more than their separation in time, reflects their underlying objective intent and purpose to define one of the limits of federal court jurisdiction.
RECENT RULINGS 