Lincoln Property Co. v. Roche
- Case Date: 5/16/2005
- Project Name: Civil Justice Reform
On November 29, 2005, the U.S. Supreme Court overturned an appeals court decision that made it much more difficult for out-of-state defendants to move their lawsuits from state court to federal court. The decision was a victory for WLF, which filed a brief arguing that the lower court had improperly deemed the defendant a citizen of the state in which it was being sued. As a result, the corporation was barred from "removing" the case to federal court, because parties may invoke the federal courts' "diversity jurisdiction" only when plaintiffs and defendants are not citizens of the same state. The Supreme Court agreed with WLF that the defendant acted properly in removing the case to federal court. WLF argued that the ability to remove a case to federal court often is crucial for obtaining a fair trial; corporations in particular often feel the need to move suits to the federal courts, which are generally considered less hostile to out-of-state corporations than are state courts.
More Information and Downloads:
5/16/2005: Download the Brief
Litigation Update: Supreme Court Allows Nonresidents To Remove Cases To Federal Court