Ninth Circuit Court of Appeals Reverses Trial Court's Decision to Remand Case Based on Notice of Removal Alone

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On 1/10/2025, in Torgersen v. The Elevance Health Companies, Inc., the Ninth Circuit Court of Appeals reversed a U.S. District Court's ruling remanding an employment lawsuit that had been removed to federal court by the employer based upon diversity jurisdiction. The Court found that the trial court's assertion that it lacked subject matter jurisdiction was erroneous because it relied solely upon the allegations of the notice of removal to determine that federal subject matter jurisdiction was absent:

https://cdn.ca9.uscourts.gov/datastore/memoranda/2025/01/10/23-55377.pdf

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