District Court Denies Rule 11 Sanctions for Failed Attempt to Remove Case to Federal Court


In this case, the plaintiff sued Ford in the state court. Ford removed the case, but the district judge decided to remand the case to the state court. Plaintiff sought sanctions, but sanctions were denied on the ground that Ford had an objectively reasonable basis to remove the case.

Comment: removal of a case to federal court can be tricky and sometimes it does not work. This court correctly understood that sanctions should only be awarded when there is an egregious and wrongful act, not when there was a reasonable argument in favor of removal.

Source: Bristol v. Ford Motor Company, Dist. Court, ED Missouri 2016 – Google Scholar

Edward X. Clinton, Jr.

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