U.S. Supreme Court Finds Removal Proper in Roche Mold Case

WASHINGTON, D.C. - The U.S. Supreme Court held Nov. 29 that removal of a mold case to federal court for complete diversity of citizenship was proper regardless of the citizenship of a non-party affiliate of the defendant development company. Lincoln Property Co., et al. v. Roche, et ux., No. 04-712 (U.S. Sup. Ct.).

In a 16-page opinion by Associate Justice Ruth Bader Ginsburg, the court unanimously held that, contrary to the 4th Circuit's opinion, '[i]t is not incumbent on the named defendants to negate the existence of a potential defendant whose presence in the action would destroy diversity.'

The court …