When the removal defect “lingers,” the judgment dies
The Supreme Court ruled on a case regarding improper removal to federal court and jurisdictional defects.
In Hain Celestial Group, Inc. v. Palmquist (Feb. 24, 2026), the Supreme Court unanimously held that when a case is improperly removed to federal court for lack of complete diversity, a district court cannot “cure” the jurisdictional defect by erroneously dismissing the nondiverse defendant before final judgment. If that dismissal is later reversed on appeal, the jurisdictional defect “lingered through judgment,” and the federal judgment must be vacated.... By: Freeman Mathis & Gary