En Banc Eighth Circuit Reverses Precedent and Holds Forum-Defendant Rule Is a Nonjurisdictional Defect Plaintiffs Can Waive
By EsqSocial Corporation 05/01/21
In Holbein v. TAW Enterprises, Inc., --- F.3d ---, No. 18-2892, 2020 WL 7755451 (8th Cir. Dec. 30, 2020) (en banc), the Eighth Circuit, sitting en banc, overruled its prior cases dealing with a specific application of the “forum-defendant rule,” under which a defendant that is a citizen of the forum state cannot remove a lawsuit from state court to federal court. The court joined all the other federal circuits that have considered the issue in concluding that violation of the forum-defendant...
By: Faegre Drinker Biddle & Reath LLP