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Royal Canin U.S.A., Inc., et al. v. Anastasia Wullschleger, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-1796 · judgment July 31, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a business petitioner.
Questions presented
This Petition presents two separate but related questions concerning the ability of a plaintiff, in an action properly removed to federal court pursuant to 28 U.S.C. § 1441 (a) on the basis of federal-question jurisdiction under 28 U.S.C. § 1331, to compel a remand to state court by amending the complaint to omit federal questions:
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Whether such a post-removal amendment of the complaint defeats federalquestion subject-matter jurisdiction.
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Whether such a post-removal amendment of the complaint precludes a district court from exercising supplemental jurisdiction over the plaintiffs remaining state-law claims pursuant to 28 U.S.C. § 1367. Departing from every other circuit to consider these questions, the Eighth Circuit in this case answered each question in the affirmative and ordered a remand to state court, thereby providing a roadmap for any Eighth Circuit plaintiff determined to undermine a defendant's exercise of removal jurisdiction.
Counsel of record
For petitioner
Christopher M. Curran
White & Case LLP
For respondent
Ashley Conrad Keller
Keller Postman LLC
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 6 merits
(4 supporting pet./neither, 2 respondent)
Argument & decision
Argued October 7, 2024 — Katherine B. Wellington · Ashley C. Keller. Audio and transcript
Decided January 15, 2025. Opinion by Kagan.
Proceedings
- Aug 06 2025Record returned to the United States Court of Appeals for the Eighth Circuit.
- Feb 18 2025Judgment Issued.
- Jan 15 2025Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court.
- Oct 07 2024Argued. For petitioners: Katherine B. Wellington, Boston, Mass. For respondents: Ashley C. Keller, Chicago, Ill.
- Sep 04 2024Reply of petitioners Royal Canin U.S.A. Inc., et al. filed. (Distributed)
- Aug 12 2024Amicus brief of Thomas Ogden not accepted for filing. (August 12, 2024) (Corrected efiling submitted)
- Aug 12 2024Brief amici curiae of Tennessee, et al. filed. (Distributed)
- Aug 12 2024Brief amicus curiae of Thomas Ogden filed. (Distributed)
- Aug 08 2024CIRCULATED
- Aug 06 2024Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one envelope).
- Aug 05 2024Brief of respondents Anastasia Wullschleger, et al. filed.
- Jul 26 2024SET FOR ARGUMENT on Monday, October 7, 2024.
- Jul 26 2024Record requested from the United States Court of Appeals for the Eighth Circuit.
- Jul 01 2024Brief amicus curiae of Center for Litigation and Courts filed.
- Jul 01 2024Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Jul 01 2024Brief amicus curiae of DRI--Center for Law and Public Policy filed.
- Jul 01 2024Brief amici curiae of State Chambers of Commerce filed.
- Jun 24 2024Brief of petitioners Royal Canin U.S.A. Inc., et al. filed.
- Jun 24 2024Joint appendix filed. (Statement of costs filed)
- Jun 04 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 24, 2024. The time to file respondents' brief on the merits is extended to and including August 5, 2024.
- Jun 03 2024Motion for an extension of time to file the briefs on the merits filed.
- Apr 29 2024Petition GRANTED.
- Apr 22 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 03 2024DISTRIBUTED for Conference of 4/19/2024.
- Apr 01 2024Reply of petitioners Royal Canin U.S.A. Inc., et al. filed. (Distributed)
- Mar 18 2024Brief of respondents Anastasia Wullschleger, et al. in opposition filed.
- Feb 16 2024Brief amicus curiae of The Missouri Chamber of Commerce and Industry filed.
- Jan 26 2024Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2024.
- Jan 24 2024Motion to extend the time to file a response from February 16, 2024 to March 18, 2024, submitted to The Clerk.
- Jan 17 2024Response Requested. (Due February 16, 2024)
- Jan 10 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 04 2024Waiver of right of respondents Anastasia Wullschleger, et al. to respond filed.
- Dec 19 2023Petition for a writ of certiorari filed. (Response due January 22, 2024)