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Federal Courts Jurisdiction and Venue Clarification Act Takes Effect January 6, 2012
American Bar Association
December 29, 2011
The new year brings with it new rules related to jurisdiction and venue in federal courts.
The Federal Courts Jurisdiction and Venue Clarification Act of 2011, which takes effect on January 6, 2012, contains provisions that amend 28 U.S.C. §§ 1332, 1391, 1404, 1441, and 1446. The act also repeals 28 U.S.C. § 1392 and adds the following new code sections: 28 U.S.C. §§ 1390 and 1455.
Practically speaking, the act significantly changes the process for removing cases from state court to federal court. The act provides that each defendant has 30 days after service to remove a state-court action to federal court. The act also provides that all defendants—including earlier-served defendants—must join in or consent to removal before the state-court action will be removed to federal court.