May v. Wal-Mart Stores, Inc.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

In the Wild West, the rule was “shoot first, ask questions later.” In modern civil litigation, the rule seems to be “remove first, ask questions later.” It is common practice for defendants to remove cases from state court to federal court almost reflexively, within just a few weeks of being served. This often creates a problem. A defendant may only remove a case to federal court if he can establish by a preponderance of the evidence that the case satisfies the requirements for federal jurisdiction. But at this early stage of the…