A case that becomes removable through the plaintiff's voluntary dismissal of a nondiverse defendant may be removed. A case made removable by a court ruling dismissing that defendant generally may not.
The rule preserves the plaintiff's initial forum choice.
Alternative Names:
Voluntary Involuntary Rule|Voluntary Act Rule
Why it Matters?
The distinction determines whether summary judgment for a nondiverse defendant creates removability, and under the traditional rule it does not because the dismissal was involuntary. That leaves a defendant in state court despite complete diversity existing. Several circuits recognize an exception where the dismissal is final and unappealable, which is worth checking before assuming removal is foreclosed.
Frequently Confused with
Related terms
Frequently asked questions
Does summary judgment for a nondiverse defendant create removability?
What does create removability?
