Wednesday, April 07, 2004

Removing the not-quite Title VII case with no right-to-sue letter

Ah, more than once I have tried to do more or less what the defendant did in Forrest v. Transit Management of Charlotte - remove a case when plaintiff in state court claims some reliance on federal employment discrimination law, then try to get the case dismissed for lack of a right to sue letter, and so far, it has never worked any better than it did in the Forrest case, which was a per curiam opinion decided by the panel of Judges Michael, King, and Shedd. (Actually, I only tried this once in Virginia and once in Kentucky.) My theory was (1) plaintiff says her claim is based on Title VII, so it is removable, but (2) for lack of right to sue, claim should be dismissed on the merits, not for lack of jurisdiction. Apparently, this argument is not working out.

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