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May Evidence of Satisfaction of Removal Requirements Be Considered After Notice of Removal?

April 10, 2012 5:43 PM | Posted by Katherine Heckert | Print this page

In Janis v. Health Net, Inc., the Ninth Circuit Court of Appeals found error where the district court refused to consider evidence that jurisdictional requirements were met, solely on the basis that the evidence was not submitted at the time the notice of removal was filed. 

The Court noted that nothing requires a removing defendant to attach evidence of jurisdiction to a notice of removal, as all that is required is a "short and plain statement of the grounds for removal."

The Ninth Circuit concluded that the district court's refusal to consider the evidence was an abuse of discretion, where the evidence appeared to establish that jurisdictional requirements were met, and prejudiced Health Net, and reversed the district court's order remanding to state court.

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