United States Ninth Circuit

The district court's dismissal of a wrongful death action is vacated and remanded, where: 1) there is jurisdiction to review the district court's order remanding the case back to state court after defendants invoked diversity jurisdiction and removed the matter to federal court fourteen months after the lawsuit was filed in state court; 2) the district court acted in excess of its statutory authority because the one-year time limitation for removal of diversity cases was a procedural requirement rather than jurisdictional; 3) the district court could not remand sua sponte based on a non-jurisdictional defect because procedural deficiencies were waivable; and 4) plaintiffs' failure to object constituted a waiver of any right to contest the removal.

Appellate Information

• Decided 08/04/2014
• Published 08/04/2014

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel