News & Analysis as of

Motion To Remove

Manatt, Phelps & Phillips, LLP

Using Government Incentive Funds Does Not Create a Right to Remove: Eighth Circuit

On the second to last business day of last year, the U.S. Court of Appeals for the Eighth Circuit addressed when a private organization can invoke the federal officer removal statute, 28 U.S.C. § 1442. If a private...more

Rivkin Radler LLP

What Snap Removal Debate Means for Insurance Disputes

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When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed. Originally published in Law360, 2022....more

Butler Weihmuller Katz Craig LLP

To Remand or Not to Remand, That Is the Question

​​​​​​​Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more

Gray Reed

Climate Change Lawsuits Plague Oil and Gas Producers

Gray Reed on

The causes of action vary from case to case. The common denominator is that the suits are filed in state court and allege only state law claims.  Despite producers’ best efforts, the federal courts have denied federal...more

Nelson Mullins Riley & Scarborough LLP

The Road Less Traveled - A Case for the Consideration of Hidden Constitutional Claims in Evaluating Removal and the Possible...

After being retained to represent a client who has been served with a state court complaint, most defense attorneys can predict many of the questions the client will ask in the initial call. One such question is whether the...more

Winstead PC

Court Dismissed Appeal From Order Denying Motion To Remove Executor Because Attorney’s Fees Claim Was Still Unresolved

Winstead PC on

In Bethany v. Bethany, a party filed a motion to remove his brother as executor of their mother’s estate. No. 03-19-00532-CV, 2020 Tex. App. LEXIS 2350 (Tex. App.—Austin March 20, 2020, no pet.)....more

Nossaman LLP

Property Owners Cannot Remove State Court Eminent Domain Actions to Federal Court

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Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more

Troutman Pepper

Winning the Removal Race: District Courts Put Limits on 'Snap Removal'

Troutman Pepper on

In two recent decisions — Brown v. Teva Pharmaceuticals and Doe v. Valley Forge Military Academy & College — courts in the Eastern District of Pennsylvania put limits on the use of so-called “snap removal,” a strategy...more

Akin Gump Strauss Hauer & Feld LLP

Ever-Changing Inventorship Dispute Heads to Bench Trial

In a case of twisting facts, a trial judge has denied a plaintiff’s motion to correct inventorship to add an inventor to a patent because that plaintiff previously asked the PTO to remove that same inventor from the patent...more

Troutman Pepper

'Snap Removals' Upheld by the Third Circuit

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A recent decision by the Third Circuit effectively expands the scope of removable cases. As the first appellate decision to directly address the issue, the U.S. Court of Appeals for the Third Circuit upheld a Pennsylvania...more

McManis Faulkner

The Timid Judge and The Clever Bailiff

McManis Faulkner on

The Judge was a lovely old fellow, a relic from a time before the birth of Silicon Valley, when Santa Clara County was covered with orchards instead of start-ups, and was known as the Valley of the Heart’s Delight. As a...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Summer 2016"

This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Seyfarth Shaw LLP

When E-Filing Goes Wrong: How to Protect Your Trade Secrets in the Event of Inadvertent Online Disclosure

Seyfarth Shaw LLP on

It is frightening to think that valuable corporate trade secrets could be lost with the click of a mouse. But as electronic court filing becomes increasingly prevalent, the risk of inadvertent disclosure of sensitive...more

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