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Federal Bar Update: Removal and venue changes now in effect

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Federal Bar UpdateAs noted in this column in December, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 was passed in early December and took effect Jan. 6. The Act amends the removal statutes in several important respects, including:

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 he 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.

The act also amends venue provisions:

The act creates a new provision, 28 U.S.C. 1390 describing venue generally; and 

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

The act applies to all cases commenced in federal court on or after Jan. 6, and for removed action, to any case that under applicable state law had been commenced on or after Jan. 6. The act has been cited in three federal opinions so far, but only in passing reference and noting that the act did not apply to the pending case. In the coming months, there are certain to be many cases addressing the act.

Where to find the statute – Even with the act now in effect, practitioners may 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. As of Jan. 12, not all online sources of U.S. Code (free or for pay) had updated versions of the affected sections (including, for instance, the Government Printing Office). Lexis does appear to have the amended statutes online now.

Practitioners should be very careful to ensure that the statutory sections referred to from Jan. 6 forward are accurate and up to date. The way to discern this is to check for 28 U.S.C. 1390, which did not exist as of Jan. 5, but came into effect as a new section as part of the act on Jan. 6. In the meantime, anyone desiring a copy of the act can email the undersigned for a PDF copy.

Local rules – In late December, both the S.D. of Indiana and the N.D. of Indiana separately announced that their Local Rule amendments would take effect Jan. 1. The updated versions of each court’s Local Rules – which include the restyling edits – are now posted on the courts’ websites.•

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

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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