Pa. Federal Court Sends Boccella Case Back to State Court, Finds Removal Unreasonable

Obermayer Wins Remand and Fees After Judge Rejects Defendants’ Removal Tactic

PHILADELPHIA, April 29, 2026 (GLOBE NEWSWIRE) -- Obermayer Rebmann Maxwell & Hippel LLP secured a remand and award of attorneys’ fees on April 27, 2026, when the United States District Court for the Eastern District of Pennsylvania sent Boccella et al. v. Boccella Acquisitions LLC et al back to the Philadelphia County Court of Common Pleas. The court cited that the case never belonged in federal court and found the defendants responsible for wrongfully removing it from Pennsylvania state court.

The defendants, Boccella Acquisitions LLC, Boccella Precast LLC, James M. Lynch, and John C. Lorentzen tried to remove the case, claiming the parties were from different states. However, the court held that diversity jurisdiction was absent because plaintiffs Anthony Boccella and Joseph Boccella Jr. were members of Boccella Acquisitions LLC at the time the complaint was filed.

Obermayer attorneys Matthew A. Green and Matthew E. Selmasska represent the plaintiffs.

The dispute arises from defendants’ purported exercise of a call option to repurchase plaintiffs’ ownership interests under a Membership Interest Repurchase Agreement. Plaintiffs filed suit in the Philadelphia County Court of Common Pleas on February 13, 2026. Defendants removed the case to federal court, asserting diversity jurisdiction on the theory that plaintiffs’ membership interests had expired.

The district court rejected that argument, citing that federal diversity jurisdiction must be assessed as of the date the complaint is filed. Plaintiffs moved to remand, arguing that they remained members of the LLC when the complaint was filed and that complete diversity therefore did not exist.

In addition to remanding the case to the Court of Common Pleas, the court awarded attorneys’ fees and costs under 28 U.S.C. § 1447(c), finding that defendants either knew or should have known that removal was improper.

“We are pleased that the Court recognized this matter belongs in state court and that the removal lacked a proper jurisdictional basis,” said Green. “The decision reinforces the importance of adhering to well‑established principles governing federal jurisdiction.”

The case will now proceed in the Philadelphia County Court of Common Pleas’ Commerce Program.

About Obermayer

Obermayer Rebmann Maxwell & Hippel LLP is a full-service law firm serving clients throughout the Mid-Atlantic, across the U.S., and internationally. Founded in 1904, the firm combines more than a century of trusted counsel with an innovative, forward-looking approach to legal service. With more than 115 attorneys across multiple offices, Obermayer advises businesses, institutions, municipalities, and individuals in a wide range of industries and practice areas. The firm is recognized for its practical solutions, strong community connections, and unwavering commitment to client success. For more information, visit: https://www.obermayer.com/

Nina Negrin
Buchanan Public Relations
nina.negrin@buchananpr.com

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