Civil Procedure — removal

By: WISCONSIN LAW JOURNAL STAFF//May 3, 2013//

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — removal

Where the plaintiff timely objected to removal to federal court for lack of diversity, the district court erred in deciding the case on the merits.

“No matter how many ways Zee and BMO Harris try to recharacterize what happened in this case, the fundamental facts are as follows: Zee removed this case to federal court even though its co-defendant, BMO Harris, was a forum-defendant, in violation of 28 U.S.C. § 1441(b)(2). GE Betz objected to the removal based on the forum-defendant rule within the thirty days prescribed by 28 U.S.C. § 1447(c). Despite GE Betz’s timely objection, the federal district court improperly retained the case and eventually dismissed it on the merits.”

Vacated and Remanded.

12-3746 GE Betz, Inc., v. Zee Company, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Tinder, J.

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