Everyone Must Agree to Removal to Federal Court

By Barry Zalma on April 9, 2026

Federal Courts Have Limited Jurisdiction

When all Parties Refuse Removal There is No Jurisdiction

Post number 5319

See the full video at https://rumble.com/v789qx2-everyone-must-agree-to-removal-to-federal-court.html and at https://youtu.be/ZzR2g9mdILs

In Beth Mayhew and Matthew Mayhew v. Vladimir Sadovyh, et al., No. 2:26-CV-04029-WJE, United States District Court, W.D. Missouri (April 6, 2026) Mayhew was involved in a trailer-truck accident with Vladimir Sadovyh, who was employed by Nova First, LLC and Globex Transport, Inc. Both companies owned the tractor-trailer involved.

FACTUAL BACKGROUND

Chubb and Mohave Transportation Insurance Company jointly issued an insurance policy covering Nova First, Globex, and Sadovyh, with EMA Risk Services acting as a third-party administrator.

Beth Mayhew sued Nova First, Globex, and Sadovyh for negligence in Missouri state court, and following a jury trial, a nuclear judgment was awarded to the Mayhews totaling $92,117,375.34, plus costs.

LEGAL ISSUES

The Mayhews filed a Petition for equitable garnishment and alleged a violation of Missouri Revised Statute § 379.200 in the Circuit Court of Cole County. Removal to federal court was sought pursuant to 28 U.S.C. §§ 1332, 1441, and 1446.

DISCUSSION

In a civil action removed under section 1441(a), all defendants must join in or consent to removal. 28 U.S.C. § 1446(b)(2)(a).

CONCLUSION

Nova First, Globex, and Mr. Sadovyh are judgment debtors and are therefore statutorily necessary parties to this equitable garnishment action. The Court granted the Joint Motion to Remand to State Court.

ZALMA OPINION

Federal courts are often favored by insurer and when they are faced with a gigantic judgment for personal injuries will try to remove the case to federal court. They failed in this case because the actual judgment creditors refused to join.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://gbarryzalma.substack.com/subscribe

Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the InsuranceClaims Library – https://lnkd.in/gwEYk.