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The amended diversity jurisdiction statute and removal before service

Last month I noted the amendment of the federal diversity jurisdiction statute.  For an overview of the amendments, see Federal Jurisdiction and Venue - New Legislation Takes Effect.  There is also an interesting analysis of this legislation on the Drug and Device Law blog, concerning the impact of the amendment on the issue of removal before service of the non-diverse defendant.  (For a discussion of this tactic, see Removal to Federal Court Before Forum Defendant Is Served.) The argument concerning the amendment is, in essence, that Congress, by re-enacting the same key provision in the amended statute, has effectively ratified the validity of pre-service removal.  I plan to follow this to see how the courts react to this argument.