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State Rule 11 Applies to Vexatious Removals

We take this opportunity to state definitively that vexatious removal is sanctionable conduct, and parties will be held accountable for the unnecessary expense and delay caused by abuses of the right to removal.

In Ex Parte: Bon Secours-St. Francis Xavier Hospital, 393 S.C. 590, 713 S.E.2d 624 (2011), the Hospital and others waited until the eve of trial to file a second notice of removal to federal court.

The plaintiff, Dr. Thomas R. Wieters, moved to remand yet did not ask the federal court to impose sanctions. He instead informed the federal court that the state court could take up sanctions after remand. The federal court remanded without ruling on whether the removal met the 28 U.S.C. § 1447(c) standard for sanctioning improper removals. Continue reading