The Supreme Court closed the door to removal to federal court for third-party counterclaim defendants.  Only the defendant the original plaintiff sued has the privilege of removing under 28 U.S.C §1441 and § 1453(b).  As for defendants to counterclaims or defendants roped in as third-party defendants, they will have to try their luck in the plaintiff’s choice of state court. In a recent 5-4 decision, the Supreme Court refused to allow third-party counterclaim defendants to remove a case to federal court, relying on their analysis in Shamrock Oil finding that an original plaintiff may not remove a counterclaim against it.  Home Depot U.S.A., Inc. v. Jackson, __ US __, 139 S. Ct. 1743, 204 L. Ed. 2d 34 (2019); Shamrock Oil & Gas Corp v. Sheets, 313 U.S. 100, 61 S. Ct 868, 85 L. Ed. 1214 (1941).  The same can now be said for third-party counterclaim defendants. In November 2018, Faruki wrote on the highly anticipated Home Depot case.  Associate Callum Morris predicted that it would be unlikely the Supreme Court would take a case to reaffirm the general consensus of the lower courts, while also noting the opportunity for ardent textualists to dig into what the words of the […]