Legal Opinion
Hollis v. Florida State University Ex Rel. Board of Regents
Court of Appeals for the Eleventh Circuit
Decided July 30, 2001No. 00-11627Published
1Opinion of the Court
JORDAN, District Judge:
When an action is removed from state court to federal court, it is removed to the district court “embracing the place where such action is pending.” 28 U.S.C. § 1441(a). The question presented by this appeal is whether a defendant can obtain dismissal of a removed action on the ground that, when originally filed in state court, the action lacked proper venue under state law. We conclude that state-law venue deficiencies cannot be the basis for dismissal of a removed action because 28 U.S.C. § 1441(e), which was enacted in 1986, abrogated the theory of derivative…
2Cases cited20 opinions
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- Arizona v. ManypennySupreme Court of the United States · 1981
- George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree FarmCourt of Appeals for the First Circuit · 1993
- Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
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