News from the Law Blog

John W. Lungstrum, a judge of the United States District Court in Kansas, held on September 8, 2010, while unanimous consent of all defendants is generally required in order to remove a state court lawsuit to federal court under the general removal statute, 28 U.S.C.A. 1441, provides for removal only at the instance of "the defendant or the defendants," differences in the wording of the bankruptcy removal statute 1452 allows any party to remove cases within the district court's bankruptcy jurisdiction, which means there is no unanimity requirement for removal of state court actions pursuant to the bankruptcy removal statute. Thus, oil and gas producers' state court action against defendants that had purchased their oil and gas through intermediaries that had since declared bankruptcy could be removed to federal court under 1452, though only 15 of the 17 entities named as defendants joined in removing the action.