Edward Walsh v. The Standard Fire Insurance Company

Fort Myers, Florida personal injury lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of auto insurance policy.



This case was filed in the Circuit Court for the Twentieth Judicial Circuit, and was removed to federal court by the Defendant.



Plaintiff move to remand to the state circuit court.





A defendant may remove a case from state court if the federal court has original jurisdiction. 28 U.S.C. § 1441(a). "The existence of federal jurisdiction is tested at the time of removal.” Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290, 1294-95 (11th Cir. 2008); 28 U.S.C. § 1447(c). "A removing defendant bears the burden of proving proper federal jurisdiction.” Leonard v.Enter. Rent a Car, 279 F.3d 967, 972 (11th Cir. 2002). Because federal courts have limited jurisdiction, they are "obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking.” Univ. of S. Ala. v. Am.Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). And removatutes are

strictly construed with doubts resolved for remand. Dudley v. Eli Lilly & Co., 778 F.3d 909, 912 (11th Cir. 2014).

Walsh v. The Standard Fire Ins. Co., 2:23-cv-1223-SPC-NPM (M.D. Fla. Dec 29, 2023)

1. Defendant The Standard Fire Insurance Company must SUPPLEMENT its Notice of Removal (Doc. 1) on or before January 15, 2024, to show cause why this case should not be remanded for lack of subject-matter jurisdiction.



2. Failure to comply with this Order will cause this case being remanded without further notice.