Sixth Circuit Joins Other Circuits In Requiring Defendants’ Unanimity In Removal

Although not expressly contained in the removal statue, 28 U.S.C. § 1446, federal courts have required that all defendants unanimously join in a petition to remove a state case to federal court. Adopting the position of the Third, Fifth, Seventh, Eighth, Ninth and Tenth Circuits, the court in Loftis v. United Parcel Service, Inc., 342 F.3d 509 (6th Cir. Aug. 26, 2003), held that “all defendants in the action must join in the removal petition or file their consent to removal in writing within thirty days of receipt of (1) a summons when the initial pleading demonstrates that the case is one that may be removed, or (2) other paper in the case from which it can be ascertained that a previously unremovable case has become removable.” Otherwise, they lose the opportunity for removal under § 1446.