LEEDS V. NORFOLK SOUTHERN RAILWAY COMPANY—IN UNDOING LATE REMOVAL, DISTRICT COURT GIVES GUIDANCE ON EVALUATING WHETHER DEFENDANTS WERE JOINED IN “BAD FAITH”

Authors

• Geoffrey D. Kearney, The Law Office of Geoffrey D. Kearney, PLLC

Files

Description

Pursuant to 28 U.S.C. § 1446, defendants typically have one year to remove to federal court a case filed in state court. The landscape for removal changed somewhat with a 2011 amendment to this statute, which extends that one-year deadline upon a showing “that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.”

But the question of what sort of conduct satisfies this provision persists. Since its passage, courts—primarily district courts—have grappled with just what it means for a plaintiff to act in bad faith to thwart removal. Leeds v. Norfolk Southern Railway Company, a recent decision out of the Western District of Missouri, provides insight into how courts are defining this standard and an entree into a broader discussion of this emerging area of law.

Publication Date

Spring 2026

Document Type

Article

Keywords

Civil procedure, Removal, Jurisdiction, Bad faith, Dismissal

Disciplines

Civil Law | Civil Procedure | Jurisdiction | Law | Litigation

Comments

Geoffrey D. Kearney is the proprietor of The Law Office of Geoffrey D. Kearney, PLLC, a general practice firm based in Pine Bluff, Arkansas, that focuses on civil litigation, appeals, and criminal defense. He is licensed to practice law in Arkansas and Missouri.

Recommended Citation

Kearney, Geoffrey D., "LEEDS V. NORFOLK SOUTHERN RAILWAY COMPANY—IN UNDOING LATE REMOVAL, DISTRICT COURT GIVES GUIDANCE ON EVALUATING WHETHER DEFENDANTS WERE JOINED IN “BAD FAITH”" (2026). SLU Law Journal Online. 134.
https://scholarship.law.slu.edu/lawjournalonline/134