Plaintiff had novel argument on ‘forum defendant’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 3, 2021 11:59 AM

Requesting a remand in a case that was removed to federal court based on diversity of citizenship (28 U.S.C. Sec. 1332), Service Corp. International, a company headquartered in Texas that sued Stericycle Inc., an Illinois citizen, in Cook County, came up with a novel argument for avoiding the majority approach to the “joined and served” clause of the forum defendant rule. 28 U.S.C. Sec. 1441.Section 1441(b)(2) says: “A civil action otherwise removable solely on the basis of the jurisdiction under Section 1332(a) of this …

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