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Eleventh Circuit rules that plaintiff waived objection to defendant’s tardy removal of medical negligence case to federal court by not raising the procedural issue within the statutory 30-day time limit

On May 6, 2021, in Shipley v. Helping Hands Therapy, et al., No. 19-13812, the Eleventh Circuit Court of Appeals reversed a district court order which had remanded a medical negligence case back to state court. The district courtfound that the defendants’ removal of the lawsuit to federal court on diversity grounds was defective because the defendants did not file the notice of removal within 30 days after they became aware that the case was removable. However, the Eleventh Circuit concluded that this issue was moot because the plaintiff had also missed a time limit, having failed to raise the procedural defect in removal within the prescribed 30-day time limit, thus forfeitingthat objection. The Eleventh Circuit reached this conclusion notwithstanding the fact that the plaintiff had filed a motion objecting to the removal within the 30-day time period. The Eleventh Circuitnoted that the plaintiff’s initial motion had been based on subject matter jurisdiction, not the procedural defect.

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