The U.S. Supreme Court held that federal-question jurisdiction is lost when a plaintiff amends their complaint to remove federal claims, regardless of whether the case was originally filed in or removed to federal court. The decision overturns prior rulings in the First, Third, Fourth, Sixth, and Eleventh Circuits, which had maintained that jurisdiction is determined at the time of removal and does not vanish with later amendments. Defendants must now be cautious when removing cases under federal-question jurisdiction, as plaintiffs can strategically amend complaints to force a remand to state court, altering litigation strategy in removed cases.
LINKS
Read "Amendment Can Cut the Federal Jurisdictional Leash" authored by James Browning, published by the American Bar Association. (subscription)