Brock Ex Rel. Brock v. Syntex Laboratories, Inc.

MEMORANDUM OPINION

JARVIS, Chief Judge.

The determinative issue is whether or not the one-year bar on removal of diversity cases found at 28 U.S.C. § 1446(b) is jurisdictional. Because I conclude that it is, plaintiffs’ motion to remand, though untimely under 28 U.S.C. § 1447(c), must be granted.

I

Factual and Procedural Background

The defendant contends that the plaintiffs have obviously manipulated their pleadings to defeat this court’s diversity jurisdiction. Plaintiffs’ original products liability action was filed on November 29, 1979 in this court against Syntex Laboratories, Inc. on the…