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86 Def. Counsel J. 1 (2019)

handle is hein.journals/defcon86 and id is 1 raw text is: Good Strategy or Forum Manipulation? The Continuing Evolution of the Bad Faith Exception to the One-Year Time Limit on Removal By: Anne K. Guillory Anne Guillory is a civil litigator focused on defending a wide variety of personal injury claims including product liability, premises liability and general insurance defense. She co-chairs the Toxic Tort Subgroup of Dinsmore & Shohl, LLP and serves on the inhouse Medicare Secondary Payer team. N 2011, Congress codified an equitable exception to the one- year time period for removing cases to federal court based upon diversity jurisdiction. 1 The new bad faith exception was intended to discourage forum manipulation by plaintiffs while maintaining a temporal limitation on removals. In the nearly seven years since the amendment took effect, there is little consensus on how to apply the exception. The resulting patchwork of interpretation is due largely to the limited opportunities to appeal removal decisions. A decision remanding a case to state court is not generally appealable, so defendants cannot challenge the standard applied by the district court2 On the other hand, a plaintiff cannot appeal a decision finding bad faith and retaining jurisdiction until the case concludes by trial or dispositive ruling. 3 As a result, we 3 See, e.g., Walker v. Philip Morris USA, Inc., 443 Fed. Appx. 946 (6th Cir. 2011) 1 See 28 U.S.C. §1446(c)(1). 2 28 U.S.C. §1447(d).

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