Proctor v. Vishay Intertechnology, Inc.: The Ninth Circuit Failed to Follow the Rule of Unanimity When Applying Rule 11 to a Case with Multiple Defendants
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Authors
Kotlik, Kathryn A.
Issue Date
2011
Volume
44
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Since 1900, federal courts have consistently held that all defendants must join in the removal of an action from state to federal court. Pursuant to 28 U.S.C. § 1441, a defendant or defendants may remove a state action, to a federal district court where the federal district court would have original jurisdiction of the action. When the action involves more than one defendant, the removal is subject to the rule of unanimity. The rule of unanimity is a common-law rule that requires all defendants join in the removal of the action. The rule is derived from 28 U.S.C. § 1446 which outlines the procedural requirements for removal. However, § 1446 does not prescribe how co-defendants in multiple-defendant cases must join in the removal. Although the rule of unanimity is well-settled, federal courts have disagreed over the ways defendants may satisfy the rule...
Description
Citation
44 Creighton L. Rev. 261 (2010-2011)
Publisher
Creighton University School of Law