Caterpillar Inc. v. Lewis, 519 U.S. 61, 2 (1996)

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62

CATERPILLAR INC. v. LEWIS

Syllabus

(a) The general-diversity statute, § 1332(a), authorizes federal court jurisdiction over cases in which the citizenship of each plaintiff is diverse from the citizenship of each defendant. See Carden v. Arkoma Associates, 494 U. S. 185, 187. When a plaintiff files a state-court civil action over which the federal district courts would have original jurisdiction based on diversity of citizenship, the defendant or defendants may remove the action to federal court, § 1441(a), provided that no defendant "is a citizen of the State in which such action is brought," § 1441(b). In a case not originally removable from state court, a defendant who receives a pleading or other paper indicating the post-commencement satisfaction of federal jurisdictional requirements—e. g., by reason of a nondiverse party's dismissal—may remove the case to federal court within 30 days. § 1446(b). No case, however, may be removed based on diversity "more than 1 year after commencement of the action." Ibid. Once a defendant has filed a notice of removal in the federal court, a plaintiff objecting to removal "on the basis of any defect in removal procedure" may, within 30 days, file a motion to remand the case to state court. § 1447(c). This 30-day limit does not apply, however, to jurisdictional defects: "If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." Ibid. Pp. 67-69. (b) American Fire & Casualty Co. v. Finn, 341 U. S. 6, and Grubbs v. General Elec. Credit Corp., 405 U. S. 699, are key cases in point and tend in Caterpillar's favor. Each suggests that the existence of subject-matter jurisdiction at time of judgment may shield a judgment against later jurisdictional attack despite an improper removal. Finn, 341 U. S., at 16; Grubbs, 405 U. S., at 700. However, neither decision resolves dispositively a controversy of the kind here at issue, for neither involved a plaintiff who moved promptly, but unsuccessfully, to remand a case improperly removed from state court to federal court, and then challenged on appeal a judgment entered by the federal court. Pp. 70-73. (c) Beyond question, as Lewis acknowledges, diversity became complete in this case when Whayne Supply was formally dismissed as a party. Nevertheless, Caterpillar moves too quickly in claiming that elimination of the jurisdictional defect before trial also cured a statutory flaw—Caterpillar's failure to meet the § 1441(a) requirement that the case be fit for federal adjudication at the time the removal petition was filed. By timely moving for remand, Lewis did all that was necessary to preserve his objection to removal. An order denying a motion to remand, "standing alone," is "obviously . . . not final and [immediately] appealable" as of right, Chicago, R. I. & P. R. Co. v. Stude, 346 U. S. 574,

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