Ex Parte Park Square Automobile Station

Background

A Maine automobile company sued a New York locomotive manufacturer in a New Hampshire state court for breach of contract. The locomotive company asked to move the case to federal court, first seeking the Southern District of New York, then the Northern District of New York; the state court denied those requests. The locomotive company filed the record in the Northern District of New York after posting a removal bond. The Maine company asked that the case be sent back to New Hampshire, but the federal court refused. An attempt at direct review was dismissed for lack of a final judgment, and the Maine company then sought a court order (mandamus) from this Court to force the federal court to remand the case.

Reasoning

The Court considered whether mandamus could be used in place of the review methods Congress provided for challenges to removal. It reviewed earlier decisions and explained that where Congress has laid out statutory procedures for reviewing jurisdictional questions, those procedures must be followed. The Court therefore refused to substitute mandamus for the established statutory routes and denied the requested writ. In short, the lower court’s refusal to remand was not corrected by mandamus here.

Real world impact

The decision means parties complaining about improper removal generally must use the ordinary statutory appeals and review steps rather than seek immediate mandamus relief. That can force a plaintiff to defend a case in a distant federal district and await final judgment or other statutory review before getting the issue resolved. This ruling does not decide who ultimately wins on the removal question; it governs how that question must be challenged.