When Federal Courts Remand Eviction Actions Back To States

By Bruce Falby and Paul Lewis (March 26, 2021, 5:53 PM EDT) -- Due to the effects of the COVID-19 pandemic, national and multinational corporations' brick-and-mortar establishments are at a higher risk of eviction than ever before. Many states have expedited procedures through which landlords can obtain final judgments against their tenants in a matter of weeks.

When served with an eviction action, tenants might be inclined to try to level the playing field by removing such actions to federal court if the statutory requirements for diversity jurisdiction are met. However, a growing number of federal district courts are declining to adjudicate these cases — even where there is diversity jurisdiction. This article explores...

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