182892P.pdf   12/30/2020  Brendan Holbein  v.  Baxter Chrysler Jeep, Inc.
   U.S. Court of Appeals Case No:  18-2892
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, for the Court En Banc] 
   Civil case - Civil Procedure. For the panel's opinion in this matter 
   vacating the district court's dismissal order and ordering the matter 
   remanded to state court because a removal defect had left the district 
   court without subject-matter jurisdiction, see Holbein v. Baxter 
   Chrysler-Jeep, Inc., 948 F.3d 931 (8th Cir. 2020). The court en ban 
   overrules prior case law in this circuit to the extent those prior cases 
   held that a violation of 28 U.S.C. Section 1441(b)(2) - the so-called 
   forum-defendant rule - is an unwaivable jurisdictional defect in removal; 
   as a result, the district court's order dismissing the action with 
   prejudice is affirmed. 
  
182892P.pdf   01/29/2020  Brendan Holbein  v.  Baxter Chrysler Jeep, Inc.
   U.S. Court of Appeals Case No:  18-2892
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Kelly and Erickson, Circuit Judges] 
   Civil case - Civil Procedure. In action alleging defendant retaliated 
   against plaintiff in contravention of public policy and breached its 
   employment agreement with him, defendant removed the matter to federal 
   court, and the district court dismissed the action. Held: neither this 
   court nor the district court could properly exercise subject-matter 
   jurisdiction over the action because removal premised on diversity 
   jurisdiction would violate the forum-defendant rule, a jurisdictional 
   defect in this circuit, and plaintiff's amended complaint does not present 
   a federal question. The district court's judgment is vacated, and the 
   matter is remanded with directions to remand the matter to state court.