United States Fourth Circuit

District Court’s remand of plaintiff's claim to state court is affirmed, where: 1) defendant originally removed the case to federal court, asserting a federal defense to plaintiff’s state tort claim, but plaintiff afterwards amended his complaint to eliminate the claims underlying that federal defense; and 2) defendant was properly not given the opportunity to assert a new basis for federal jurisdiction as it had declined to do so in a timely fashion.

Appellate Information

• Decided 08/15/2014
• Published 08/15/2014

Judges

• DIAZ

Court

• United States Fourth Circuit

Counsel