Andrew Smith v. Mylan Inc.
Opinion
Opinion
Nguyen, J.
A state court action may not be removed to federal court on the basis of diversity jurisdiction more than one year after the action was filed. See 28 U.S.C. § 1446 (b) (current version at 28 U.S.C. § 1446 (c)). Defendants in this wrongful death case invoked diversity jurisdiction and filed a notice of removal fourteen months after the lawsuit was filed in state court. The district court sua sponte remanded on the ground that Defendants had removed the case too late. The court, relying on 28 U.S.C. § 1447 (c), found that it lacked subject matter jurisdiction.
We hold that the district court acted in excess of its statutory authority because the one-year time limitation for removal of diversity cases under § 1446(b) is a procedural requirement rather than jurisdictional. While the district court may remand at any time prior to final judgment for lack of subject matter jurisdiction, it cannot remand sua sponte based on a non jurisdictional defect because procedural deficiencies are waivable. Here, Plaintiffs’ failure to object constitutes a waiver of any right to contest the removal. We therefore vacate and remand.