Forty Six Hundred, LLC v. Cadence Education, LLC, No. 20-1784 (1st Cir. 2021)
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In this eviction action that was removed from a Massachusetts state court the First Circuit reversed the order of the district court ordering a remand in this case and directed the district court to retrieve the removed action and resume jurisdiction, holding that the district court erred.
The action in this case sought both to evict Defendant for nonpayment of rent and to recover rent arrearages. Defendant removed the action to the federal district court on the grounds of diversity jurisdiction. In response, Plaintiff argued that the federal district court was entitled to abstain from adjudicating the action under the abstention principles set forth in Burford v. Sun Oil Co., 319 U.S. 315 (1943). The district court granted Plaintiff's motion to remand, concluding that abstention was appropriate. The First Circuit reversed, holding that the court's remand order was in error.
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