Case Remanded Based on Dismissal and Settlement of Defendants with Federal Defenses

This case was originally filed in the Third Judicial Circuit in Madison County. The defendant, Crane Co., removed based on the Federal Officer Removal Statute 28 U.S.C. 1442(a)(1) and defendant General Electric Company (GE) joined in. The plaintiff moved to remand the case and GE was the only defendant to oppose. Prior to the court rendering a decision, GE was dismissed from the case and Crane settled. CBS Corporation then filed a notice of joinder or removal, which the court found untimely.

The court granted the remand holding: “The only basis for federal jurisdiction is the federal defense of two dismissed Defendants. No other defendant has raised the federal officer removal statute as a defense or objected to remand, the remaining claims are governed by state law and Plaintiff’s choice of forum is state court. Accordingly, Plaintiff’s motion is granted and this case is remanded to the Third Judicial Circuit, Madison County, Illinois.”

Read the full decision here.