The plaintiff was injured when a product display fell on her, and the defendants removed her lawsuit from Norfolk Circuit Court to federal district court, based on federal enclave jurisdiction over an injury occurring at a federally-owned military base.
In general, failure to allege facts showing title, consent, and acceptance by the federal government renders a notice of removal insufficient. Here, alleging ownership of the land satisfies one element, but enclave jurisdiction is not plausibly asserted without allegations of the state’s consent and the federal government’s acceptance. However, the notice contains imperfect allegations rather than missing ones. Therefore, the defendants seeking removal have leave to amend their notice, and the plaintiff’s motion for remand is denied.