Matthew Green and Matthew Selmasska Win Remand and Fees After Judge Rejects Defendants’ Removal Tactic

Obermayer attorneys Matthew Green and Matthew Selmasska 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., represented by Obermayer, were members of Boccella Acquisitions LLC at the time the complaint was filed.

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.

Read the full release here.