Bid to ship case to new court fails

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 20, 2019 3:37 PM

Trying to avoid the one-year deadline for removing a case to federal court based on diversity of citizenship, James Toomsen and Michael Wiarda relied on the exception for cases where the plaintiff “acted in bad faith in order to prevent a defendant from removing the action.” 28 U.S.C. Sec. 1446(c)(1).Applewood Farms, an Illinois company, sued Toomsen and Wiarda, citizens of Iowa, in Cass County, Ill., on July 24, 2017. The complaint alleged that in February 2017 the defendants repudiated an agreement to …

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