Philip Bowling, Et Al.v.U.S. Bank National Association, Et Al.
Philip and Jennie Bowling challenged removal of their Alabama mortgage case by third-party counterclaim defendants. After the Supreme Court decided Home Depot v. Jackson, the Eleventh Circuit held that the circuit’s older Carl Heck precedent was no longer controlling. The current removal statute permits removal of a civil action based on claims asserted by the original plaintiff, not removal by a defendant brought into the case only through a third-party counterclaim. The court therefore reversed the denial of the Bowlings’ motion to remand, vacated later orders denying their motion to strike and granting summary judgment, and directed the federal district court to remand the entire case to state court.
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