Federal Judiciary

Rubber Polymers' Motion to Remand Bounced

By Michael Smith

Rubber Polymers, Inc. v. Dupont Dow Elastomers, LLC, 2008 WL 686212(E.D.Tex. Mar 06, 2008) (NO. 1:07-CV-892)
Judge: Ron Clark
Holding: Motion to Remand DENIED
Plaintiff Rubber Polymers, Inc. moved to remand this case to state court, citing the forum defendant rule of 28 U.S.C. § 1441(b) because Defendant Dupont Performance Elastomers, LLC is a citizen of Texas. Noting that improper removal under § 1441(b) is a waivable removal defect, and that Rubber Polymers waited over three months after removal before filing its motion to remand, Judge Clark denied the motion.

Full post as published by Eastern District of Texas Federal Court Practice on March 21, 2008 (boomark / email).