Tuesday, May 01, 2007

Big bank whiffs on first swing at removal

In Schlegel v. Bank of America, Judge Moon of the W.D. Va. held (without a remand motion?) that the bank's notice of removal was deficient in that it failed to use the right buzz words to show diversity of citizenship and it failed to allege that the citizenship of the parties was diverse both at the time when the suit was filed in state court and at the time of removal.

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