Alleged Recognition of Copyright Issues Insufficient ​Basis for Removal Under § 1454

The court partially granted defendant’s motion to remand the instant case to state court and rejected plaintiffs’ argument that the case was properly removed based on copyright issues pursuant to 28 U.S.C. § 1454. “Plaintiffs seek removal pursuant to 28 U.S.C. § 1454, a recently enacted exception to the well pleaded complaint rule. . . . In their removal petition, Plaintiffs assert that [defendant’s] motion for a temporary restraining order ‘alerted the Plaintiffs to the copyright issues in this case, thus granting the Plaintiffs the ability to remove the state court case’ under section 1454(a). Specifically, Plaintiffs maintain that ‘the claims in this action require construction of the copyright laws, thus invoking federal question jurisdiction.’ . . . [However,] Plaintiffs’ amended complaint asserts state law claims and fails to raise any claims related to copyright law. Although [defendant’s] motion for a temporary restraining order raised concerns pursuant to the Arkansas Trade Secrets Act, this does not necessarily mean that the issues presented in that motion implicate copyright law. Regardless . . . neither Plaintiffs’ Notice of Removal nor [defendant’s] motion for temporary restraining order is a pleading that can ‘assert a claim for relief’ related to copyrights as required by section 1454.”

Hanson et al v. Randall et al, 4-18-cv-04025 (ARWD 2018-04-11, Order) (Susan O. Hickey)

2018-04-13T12:14:02+00:00April 13th, 2018|Copyright, Docket Report|