Does the removal statute have a "strong presumption" against federal jurisdiction?
MultiRegion, United States of America
The following excerpt is from U.S. Bank Nat'l Ass'n v. Gudoy, CASE NO: 3:10-CV-1440-IEG (RBB) (S.D. Cal. 2010):
The removal statute is strictly construed, and the court must reject federal jurisdiction if there is any doubt as to whether the removal is proper. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (citations omitted). This "strong presumption" against removal jurisdiction means that the defendant bears the burden of proving the propriety of removal. Id (citations omitted).
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