US Airways, Inc. v. PMA Capital Ins. Co.

MEMORANDUM OPINION

ELLIS, District Judge.

This 9/11 fifty million dollar business interruption insurance dispute was litigated extensively in state court for more than a year, but then removed by the sole remaining defendant when a merger among plaintiffs created diversity jurisdiction. At issue on the remand motion at bar is the following question:

Whether § 1446(b)’s one year diversity removal bar precludes removal where, as here, removal occurred more than one year after the case was filed in Virginia state court, but less than one year after defendant was joined and served with process.

I

The…