[6] When there are multiple defendants in a case, if even just one is a citizen of the state where the lawsuit was filed, a plaintiff can successfully object to removal if the only basis for federal jurisdiction is based on diversity of citizenship.
Removal jurisdiction in cases involving federal agencies or officers who are named as defendants in civil suits or criminally prosecuted is also governed by 28 U.S.C.
In the wording of section 1442, the law provides that in the case of federal agencies or officers, the federal district court need not otherwise have subject-matter jurisdiction over the type of case presented so long as the federal officer was acting under color of office in a civil matter, or in a criminal matter, was acting under authority granted by Congress for apprehension of criminals or collection of monies.
Under this, a number of state criminal cases have been removed to federal court and there summarily dismissed, thus preventing trial on the merits of whether the officer or agent was in fact carrying out his official duties, or acting outside of them.
A famous example of such a removal was the case of Idaho v. Lon Horiuchi, alleged to have committed manslaughter of Vicki Weaver in the Ruby Ridge encounter.
v. Mayor and City Council of Baltimore (2021) resolved a circuit split on how appellate sources may review challenges to federal-officer removal orders.
However, should the Texas defendant be dropped from the claim, the New York citizen can remove if one year has not passed since the initiation of the suit.
Some courts permit equitable tolling of the one-year limitation of §1446(b) if the original complaint was an attempt in bad faith to evade federal jurisdiction.
Apart from motions brought by the parties, many federal district courts screen notices of removal for facially obvious defects and when they catch one will issue a sua sponte order to show cause directed to the moving defendant.
A defendant can waive the right to remove by contract, although courts take different positions about what language is necessary to create a waiver.
An alleged waiver of removal rights is also appealable, since the issue is not jurisdiction but the legal effect of the defendant's actions and agreements.