A defendant filed a motion for removal from State to Federal Court. I am writing my remand motion. My defense against removal is based upon a previous case which states that failure for all defendants to join in the removal constitutes a defect in removal procedure but not a jurisdictional defect. What exactly does that mean? Also, is it "proper" to reference case law in a motion?
I'm NOT a Lawyer, and it would be a good idea to ask one about this but it seems to say that if there are more than one defendants in a case, all of them must agree to the motion for removal, if they do not then the MOTION for removal would be defective. If this happens it does not mean that there is no grounds for a change in juridiction, only that the motion for removal is invalid
