District Court Erred in Remanding Case Because Plaintiffs Waived Right to Challenge Removal, 9th Cir. Rules

SAN FRANCISCO — A federal district court erred in remanding a case based on defendants’ failure to remove the case within one year after it was filed because the one-year time limitation for removal of diversity cases under § 1446(b) is a procedural requirement rather than jurisdictional, the 9th Circuit U.S. Court of Appeals has ruled.

In an Aug. 4 opinion, the appellate court explained that while a district court may remand at any time prior to final judgment for lack of subject matter jurisdiction, it cannot remand sua sponte based on a non-jurisdictional defect because procedural deficiencies are waivable. …