Major Changes Are Coming to Federal Venue and Removal Practice

Throw away those dusty Civ Pro outlines!  Thanks to the Jurisdiction and Venue Clarification Act of 2011–which passed the Senate on November 30 and which the President is expected to sign–major changes to federal court practice are coming:

  • The “rule of unanimity” for removal of cases with multiple defendants is now codified.
  • Each defendant will have 30 days to initiate removal, which resolves a longstanding problem when defendants are served at different times.
  • Upon removal, district courts must now sever and remand claims not within the original or supplemental jurisdiction of the district court (or which are nonremovable by statute).
  • Cases still can’t be removed more than one year after commencement unless the court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the case.
  • Transfer of cases to a district where the action could not have been brought initially is authorized, as long as all parties consent.  This abrogates the Supreme Court’s decision in Hoffman v. Blaski, 363 U.S. 335 (1960).

The Act will go into effect 30 days after the President signs.  As with all major changes, there will be lots of interpretation of the JVCA coming, and we’ll continue to cover these developments.

About Brian Jones

I represent clients in all aspects of business litigation, but focus my practice on complex litigation and arbitration matters concerning insurance and reinsurance, antitrust, class actions, securities, real estate disputes, and contract matters. I am the co-chair of the Bose McKinney & Evans Insurance Group. I was listed in the 2017 and 2016 "Best Lawyers in America" for Insurance Coverage and named a "Rising Star" in Insurance Coverage by Super Lawyers in Indiana in 2014. I was also named a "Rising Star" in Business Litigation by Super Lawyers in Indiana in 2013 and 2012, and a 2010 “Rising Star” in Business Litigation in Texas. I am a member of the State Bars of Indiana and Texas, the Defense Research Institute, a former member of the Pro Bono College of the State Bar of Texas, and I am licensed to practice before all state courts in Indiana and Texas, as well as all federal courts in Indiana, the Northern, Western, and Southern Districts of Texas, the Northern District of Illinois, and the United States Courts of Appeals for the Fifth, Seventh, and Eleventh Circuits. I received my bachelor’s degree, cum laude, in political science and my master’s degree in teaching from Trinity University, where I was elected to Phi Beta Kappa. I received my doctor of jurisprudence degree from the University of Texas School of Law, where I was the Director of Communications for the Legal Research Board and a member of the Phi Delta Phi Honor Society. Before attending law school, I taught high school geography, government and economics in San Antonio, Texas.
This entry was posted in Federal Practice, Jurisdiction, Removal, Venue and tagged , , , . Bookmark the permalink.

2 Responses to Major Changes Are Coming to Federal Venue and Removal Practice

  1. Pingback: Update: President Signs JVCA | The Bose Litigation Blog

  2. Pingback: Happy JVCA Day! | The Bose Litigation Blog

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