CHATHAM DIVORCE ATTORNEY

On the notice of removal filed by the husband’s health insurer and the District Court’s sua sponte order to show cause why this New Jersey divorce action should not be remanded for lack of jurisdiction, the District Court held that it lacked jurisdiction over the case and that the matter had to be remanded to the New Jersey family court. The insured had filed the notice of removal as an "additional defendant" to the divorce action after the New Jersey divorce judge ordered that the insurer had to insure the wife. However, the insurer was not a party to the divorce action, and the District Court concluded that the "plain language" of the removal statute, 28 U.S.C. §1441, "clearly limits" the right of removal to "defendants." The District Court further concluded that remand was appropriate based on interests of federalism and preserving judicial resources. Sheppard v. Sheppard, U.S. Dist Ct. (D.J.), April 16, 2007