On July 14, 2023, the Second Circuit affirmed a decision remanding to state court a suit filed by residents of Niagara Falls. This was a setback for WLF, which filed an amicus brief supporting the defendants and reversal. In its brief, WLF focused on why the Second Circuit should join the Fifth, Seventh, and Tenth Circuits in recognizing the revival doctrine, which permits removal when the plaintiff substantially changes the suit by amending the complaint. The Second Circuit declined to adopt or reject the revival doctrine. It held that, even if it were to adopt the revival doctrine, removal was still inappropriate under the case’s facts.
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