United States Fourth Circuit

In plaintiffs' action against defendants-labor unions, alleging that the union provided them with false information regarding their eligibility to receive retirement incentive packages in 2007, judgment of the district court is affirmed in part, vacated and reversed in part and remanded where: 1) the court of appeals adopts the last-served defendant rule as the law of this circuit, and thus, the district court correctly ruled that defendants timely filed the joint notice of removal; but 2) the district court was without subject matter jurisdiction over the retirees' claims because the doctrine of complete preemption does not apply here to create a basis for removal under 28 U.S.C. section 1441.

Appellate Information

• Decided 02/04/2010
• Published 02/04/2010

Judges

• Before AGEE, Circuit Judge, HAMILTON, Senior Circuit Judge, and MARGARET B. SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Thomas C. Costello, West & Costello, LLC, Baltimore, Maryland, for Appellants. Ava Barbour, International Union, UAW, Detroit, Michigan, for Appellees. ON BRIEF:John H. West, III, West & Costello, LLC, Baltimore, Maryland, for Appellants. Wendy L. Kahn, Jeffrey W. Burritt, Zwerdling, Paul, Kahn & Wolly, PC, Washington, D.C., for Appellees.