Newcomer v. Wells Fargo Bank N.A.

In this mortgage litigation, the bank improperly removed the state-court action to federal court, stating as the basis of federal jurisdiction only a defense grounded in pre-emption by the Fair Credit Reporting Act. The bank did not timely amend its notice of removal to include diversity jurisdiction as the basis, and therefore its fraudulent-joinder claim will not be considered.

Motion to remand granted.

Newcomer v. Wells Fargo Bank N.A., No. 3:18cv194, Jan. 18, 2019. EDVA at Richmond (Payne).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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