Javitch Block, LLC v. Jerome Redman

28 U.S.C. § 1331 vests U.S. District Courts with original jurisdiction over actions presenting a federal question. An action under the Fair Debt Collection Practices Act is within the original jurisdiction of U.S. District Courts. 15 U.S.C. § 1692k(d). Under 28 U.S.C. § 1441 and § 1446(b), a defendant in an action commenced in state court that presents a federal question claim has 30 days from receipt by the defendant to file a notice of removal. Neither 28 U.S.C. § 1446 nor § 1447 expressly provide that a U.S. District Court may decline to exercise jurisdiction and remand a matter to state court, a timely removed action over which it has federal question jurisdiction on the grounds of waiver by participation in state court litigation. This Court held in Thermtron Prod., Inc. v. Hermansdorfer, 423 U.S. 336 (1976), a District Court exceeds its authority in remanding the case on grounds not permitted by § 1447(c). The questions presented are whether waiver by participation in state court litigation is a permissible basis for District Courts to decline to exercise their original jurisdiction and remand a case under 28 U.S.C. § 1447(c). If so, whether such waiver applies when a motion to dismiss addressing the merits is filed before removal as the Fourth Circuit held here, or only when there has been an adjudication of the merits as the Seventh Circuit recently held, but not when the motion to dismiss was compelled to be filed before removal by the time frame set by state court rules, as the Tenth and Eleventh Circuits have held.