This bill would modify the procedures under which federal courts consider a motion to remand back to a state court a case that had already been removed from a state court and sent to the federal court. Specifically, it seeks to give federal judges the ability to prevent attorneys from adding defendants to a lawsuit who have no connection to the case for the purpose of getting the case heard in a court with a different jurisdiction. Typically, plaintiffs and their attorneys use this strategy to get their case sent back to a state court, which is why federal judges would be tasked with considering the validity of the motion to remand.
It would allow a motion for remand and opposition to the motion to include affidavits or other evidence that:
Show a plausible claim for relief against each non-diverse defendant, or lack thereof. (Non-diverse defendants are under the same jurisdiction, while diverse defendants are under different jurisdictions);
Indicate a good faith intention to prosecute the action against each non-diverse defendant, or to seek a joint judgment, or the lack of good faith intent.
Federal courts must deny a motion to remand if they find that the complainant doesn’t state a plausible claim for relief against each non-diverse defendant under relevant state law, or if there is found to be no good faith intention to prosecute the action or seek a joint judgment.