A Confusing Clarification: How the Bad-Faith Exception in 28 U.S.C. § 1446(c) Costs More Than It Is Worth

Authors

Tate Cooper

Abstract

It matters where a case is heard. Venue and jurisdiction are not solely dry, esoteric matters—they impact the course of litigation and litigants’ rights. In general, plaintiffs prefer to litigate in state court, while defendants prefer federal court. Unfortunately for defendants, federal courts have limited jurisdiction. To remove an action from state to federal court, defendants must plausibly characterize an action as fitting within a particular jurisdictional grant. As attentive civil procedure students remember from World-Wide Volkswagen Corp. v. Woodson, defendants go to extraordinary lengths to avoid plaintiff-friendly jurisdictions.

Recommended Citation

Tate Cooper, A Confusing Clarification: How the Bad-Faith Exception in 28 U.S.C. § 1446(c) Costs More Than It Is Worth, 87 Mo. L. Rev. (2022)
Available at: https://scholarship.law.missouri.edu/mlr/vol87/iss4/8