The questions presented are whether waiver by participation in state court litigation is a permissible basis for District Courts to decline to exercise their original jurisdiction and remand a case under 28 U.S.C. § 1447(c).

If so, whether such waiver applies when a motion to dismiss addressing the merits is filed before removal as the Fourth Circuit held here, or only when there has been an adjudication of the merits as the Seventh Circuit recently held, but not when the motion to dismiss was compelled to be filed before removal by the time frame set by state court rules, as the Tenth and Eleventh Circuits have held.

Whether waiver by participation in state court litigation is a permissible basis for District Courts to decline to exercise their original jurisdiction and remand a case under 28 U.S.C. § 1447(c)