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Issue: Which party bears the burden of proving the propriety of removing a case to federal court?
| Area of Law: | Litigation & Procedure |
| Keywords: | Propriety of removal; Burden of proving; Defendant |
| Jurisdiction: | Federal |
| Cited Cases: | 959 F. Supp. 364; 893 F.2d 98; 663 F.2d 545 |
| Cited Statutes: | None |
| Date: | 05/01/2000 |
The law of removal states that the defendant is the party with the very heavy burden of proving the propriety of removal. B., Inc. v. Miller Brewing Co., 663 F.2d 545, 549 (5th Cir. 1981). Accord Carriere v. Sears, Roebuck & Co., 893 F.2d 98, 100 (5th Cir. 1990). The federal court deciding a removal question always weighs the issue against the well-settled principles that the removal statute is construed against removal, Spillers v. Tillman, 959 F. Supp. 364, 368 (S.D. Miss. 1997), and that the plaintiff has the right to choose the forum, Parks v. The New York Times Co., 308 F.2d 474, 478 (5th Cir. 1962).
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