Bloomberg/BNA, The United States Law Week Case Alert & Legal News

Authors: Colin E. Wrabley Patrick M. Emery

Type: Articles Published

It is a truism that businesses often try to avoid state court, even in their home state of corporate citizenship. Where a business is sued in its home state court in a case implicating federal law, the full range of federal court removal strategies ordinarily is available. But where a business is sued in its home state court and the only possible basis for removal is diversity of citizenship, there is seemingly an insuperable bar to removal: the ‘‘forum defendant rule,’’ 28 U.S.C. § 1441(b)(2), which prohibits diversity-based removal where one of the defendants is a citizen of the state in which the suit is filed.

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