Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Article excerpt

The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product liability, arbitration, class actions, attorney client privilege, punitive damages, civil discovery, standing, jurisdiction, and tort reform. This section of the Defense Counsel Journal is dedicated to highlighting recent amicus briefs filed by the IADC so that the Journal's readers can benefit from the insights presented therein.

In its brief in Dart Cherokee Basin Operating Company, LLC, and Cherokee Basin Pipeline, LLC vs. Brandon W. Owens, (No. 13-719) the IADC joined with the Federation of Defense and Corporate Counsel (FDCC) and Washington Legal Foundation (WLF) in encouraging the U.S. Supreme Court to overturn a federal district court decision hindering an out-of-state defendant's ability to remove a lawsuit from state to federal court. The brief was written by Richard Samp and Cory Andrews of the Washington Legal Foundation, alongside IADC Amicus Committee Chair Mary-Christine Sungaila and Jenny Hua of Snell & Wilmer LLP. The Supreme Court will hear arguments on this matter on October 7, 2014.

The brief urges the Supreme Court to disavow the pervasive "presumption against removal" that nearly all federal appeals courts have adopted. The brief notes that the district judge below stated explicitly that "the strong presumption against removal" guided her decision to remand the case to state court, and argues that the supposed presumption has no basis in Supreme Court precedent and contradicts normal rules of statutory construction.

No. 13-719

IN THE Supreme Court of the United States

DART CHEROKEE BASIN OPERATING COMPANY, LLC, AND CHEROKEE BASIN PIPELINE, LLC, Petitioners,

v.

BRANDON W. Owens, on behalf of himself and all others similarly situated, Respondent.

On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit

Brief of Washington Legal Foundation, International Association of defense Counsel, and Federation of Defense & Corporate Counsel as Amici Curiae in Support of Petitioners

Mary-Christine Sungaila

Jenny Hua

Snell & Wilmer L.L.P.

600 Anton Blvd., Ste 1400

Costa Mesa, CA 92626

714-427-7006

Richard A. Samp (Counsel of Record)

Cory L. Andrews

Washington Legal Foundation

2009 Mass. Ave., NW

Washington, DC 20036

(202) 588-0302

rsamp@wlf.org

Date: May 29, 2014

QUESTION PRESENTED

The federal district court remanded this case to state court because the removal petition, although alleging that the amount in controversy exceeded $5,000,000, did not include evidence to support that allegation. The Tenth Circuit refused to review the district court's order. The question presented is:

Must a defendant seeking removal to federal court include evidence supporting federal jurisdiction in the notice of removal, or is it enough to include the "short and plain statement of the grounds for removal" required by 28 U.S.C. [section] 1446(a)?

TABLE OF CONTENTS

TABLE OF AUTHORITIES
INTERESTS OF AMICI CURIAE
STATEMENT OF THE CASE
SUMMARY OF ARGUMENT
ARGUMENT

I. The Tenth Circuit's Presumption Against
Removability Is an Invention of the Lower
Federal Courts That Has No Foundation
in This Court's Decisions and Is Contrary
to Normal Principles of Statutory
Construction

A. Permitting Removal of Diversity
Cases Is a Key Component of
Federalism and Does Not Show a
Lack of Respect for State Courts

B. A Presumption Against Removal
Cannot Be Inferred from the
Federal Removal Statutes, and This
Court Has Not Endorsed Such an
Inference

II. The "Short and Plain Statement" Requirement
Contemplates a Pleading Standard,
Not an Evidentiary Standard, at the
Notice of Removal Stage

CONCLUSION

TABLE OF AUTHORITIES

Cases:

Abrego Abrego v. …

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