successfully object to removal if the only basis for federal jurisdiction is based on diversity of citizenship. The reason for the rule is that diversity jurisdiction was created by the Founding Fathers of the United States in the Constitution to shield defendants from possible discrimination in a foreign forum (i.e., a state not their home state). When an in-state defendant is being sued in a state court, it is expected that he will not be subject to unfair prejudice. With the exception of class actions under CAFA, every defendant must agree to remove; otherwise, the plaintiff or non-removing defendants can request remand for failure to satisfy the "rule of unanimity". Notably, there is a circuit split (and several intracircuit splits) over whether every defendant named in the complaint must join in the removal notice, or whether the rule of unanimity applies only to those defendants who have been properly served as of the date of removal. The reason this is important is that sometimes a plaintiff may not be able to (or may deliberately choose not to) formally serve all defendants on the same day, or some defendants may become aware of the existence of the complaint before it is formally served (for example, if other already-served defendants send them a "courtesy copy"). In courts that adhere to the latter rule, removal jurisdiction may be proper as long as defendants can show that all defendants who were properly served by the date of removal joined in the removal notice, even though not all named defendants joined in the notice. A plaintiff may never remove its own case, even if the defendant files counterclaims alleging violations of federal law by the plaintiff. A plaintiff must seek a dismissal without prejudice and refile in federal court. There exists a small set of cases (e.g., workers' compensation actions and actions under the Federal Employers Liability Act) that are barred from removal under all circumstances. Removal of criminal cases A statute dating back to 1815, the latest analogue of which is codified at , allows removal of state criminal cases where the defendant is a federal officer who alleges that the act was committed in carrying out his federal duties. Under this, a number of state criminal cases have been removed to federal court and there summarily dismissed, thus preventing trial on the merits of whether the officer or agent was in fact carrying