Federal Bar Update: Removal and venue changes are on the horizon

Back to TopCommentsE-mailPrintBookmark and Share

Federal Bar UpdateMost key procedural changes in federal practice derive from rule amendments and case law. Rarely (and probably thankfully) do we expect Congress to be in the mix. With the recent passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011, however, key statutory changes to removal and venue are on the horizon.


In 2005, the chairman of the House Judiciary Committee authored the predecessor to this new legislation. After several years of bouncing through committee, in 2010, the Judicial Conference actively vetted the bill with interested stakeholders, including the American Bar Association, the Federal Bar Association, the U.S. Chamber of Commerce and legal scholars. In 2011, the bill worked its way through Congress, was passed by the Senate in November and signed by the president on Dec. 7. The Act takes effect on Jan. 6, 30 days after enactment, and shall apply to any action commenced on or after that date. The legislative history describes the purpose of these changes to “bring more clarity to the operation of Federal jurisdictional statutes” while facilitating the appropriate court where actions should be brought. The history recites, “Judges believe the current rules force them to waste time determining jurisdictional issues at the expense of adjudicating underlying litigation.”

Removal changes

The Act amends the removal statutes in many respects, including:

• upon removal of an action that has federal claims combined with claims that are not within the court’s supplemental jurisdiction, the District Court shall sever and remand those non-federal, non-supplemental claims;

• all defendants who have been served must join in or consent to removal (codifying current practice);

• each defendant has 30 days after “receipt by or service on that defendant of the initial pleading or summons”; 

• if defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though it did not previously initiate or consent to removal;

• the Act still has a one-year cap on diversity removals unless the District Court finds that the plaintiff acted in bad faith to prevent removal, and if the court finds that plaintiff failed to disclose the amount in controversy to avoid removal, that is bad faith; and 

• the Act speaks to how to treat the amount in controversy on removal, including for jurisdictions (like Indiana) where in some types of cases the amount of damages cannot be set forth in the state court complaint, the notice of removal can set forth the amount in controversy.

Venue changes

The Act also amends venue provisions:

• the Act creates a new provision, 28 USC Section 1390 describing venue generally; and

• Section 1391 is re-written, collapsing (a) (diversity) and (b) (federal question) into a new (b) that has the same three standards.

Where to find the statute

Practitioners will have difficulty finding a clean version of the amended statutes. The Act is complicated and technical, deleting some provisions, adding others, and of course not providing a “clean” final version of the rewritten Code sections. Practitioners should be very careful to ensure that the statutory sections referred to from Jan. 6 forward are accurate and up to date. In the meantime, anyone desiring a copy of the Act can email the undersigned for a pdf copy.•


John Maley – – is a partner with Barnes & Thornburg LLP, practicing federal and state litigation, employment matters and appeals. The opinions expressed are those of the author.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.