Acuna Castillo v. Shell Oil Co.

How later courts describe this case

• noting that defects in removal procedure include all non-jurisdictional defects, and concluding that plaintiffs waived any non-jurisdictional grounds for remand existing at time of removal by not moving to remand within 30 days of notice of removal
• noting that defects in removal procedure include all non-jurisdictional defects, and concluding that plaintiffs waived any non-jurisdictional gro unds for remand existing at time of removal by not moving to remand within 30 days of notice of removal
• objections to procedural defects in removal not voiced within the 30-day time period provided by 28 U.S.C. § 1447(c) are waived
• effective date of amendment to section 1447(c) is November 19, 1988, and in most cases, it applies to cases pending on this date
• thirty-day limit applies to all motions for remand not based on subject matter jurisdiction
• “section 1447(c) “requires remand on any ground other than lack of subject matter jurisdiction to be sought within 30 days of the filing of a notice of removal”