Padilla

ORDER GRANTING MOTION TO REMAND

Diversity jurisdiction was embedded in our Constitution by our Founders. The thinking was in part that, for example, in a case involving non-Virginians, a jury of Virginians sitting in federal court would be more likely to follow their oath to be fair than would a jury of Virginians sitting in state court. See Erwin Chemerinsky, Federal Jurisdiction 296 (5th ed.2007) (“The traditional theory is that diversity jurisdiction was intended to protect out-of-state residents from the bias that they might experience, or at least fear that they might face, in state courts.”); see also Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553-54 , 125 S.Ct. 2611 , 162 L.Ed.2d 502 (2005) (“[T]he purpose of the diversity requirement ... is to provide a federal forum for important disputes where state courts might favor, or be perceived as favoring, home-state litigants.”); E. Farish Percy, Making a Federal Case of It: Removing Civil Cases to Federal Court Based on Fraudulent Joinder, 91 Iowa L.Rev. 189, 198 (2005) (noting that James Madison believed diversity jurisdiction might alleviate prejudice against out of state citizens); James L. Underwood, The…