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Remand Removal

Butler Snow LLP

Snap Back – Snap Removals Must Have Complete Diversity or Face Remand

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The Fifth Circuit Court of Appeals recently addressed so-called “Snap Removals” in the case of In re Levy, 52 F.4th 244, 245 (5th Cir. 2022). In Levy, the plaintiff, Calvin Levy, petitioned the Fifth Circuit for a writ of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Disagreements on Display

This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS...more

Jenner & Block

Seventh Circuit Offers Useful Reminders about Removal

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In Railey v. Sunset Food Mart, Inc., -- F.4th --, No. 21-2533, 2021 WL 4808222 (7th Cir. Oct. 15, 2021), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s order remanding a class action asserting...more

Faegre Drinker Biddle & Reath LLP

This Month in Snap Removal: The District of Nevada Muddies Its Snap Removal Waters and Throws Proponents a Life Preserver

Faegre Drinker’s snap removal team continuously monitors snap removal updates across the country (for a basic explanation of snap removal and previous updates, see Faegre Drinker’s prior posts...; for a breakdown on how each...more

Faegre Drinker Biddle & Reath LLP

Two District Courts Focus on “Gamesmanship” in a Double Dose of Rejection for Snap Removal

Faegre Drinker’s snap removal team closely monitors snap removal updates across the United States (for a basic explanation of snap removal and previous updates, see Faegre Drinker’s prior posts...; for a breakdown on which...more

Downey Brand LLP

Ruling may give oil companies upper hand in climate change cases

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On May 17, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore, 2021 DJDAR 4717, that may give fossil fuel companies the upper hand in the slew of recent climate change cases filed...more

Dorsey & Whitney LLP

The Supreme Court - June 1, 2021

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Today, the Supreme Court of the United States issued the following two decisions: United States v. Cooley, No. 19-1414: When a tribal officer saw a truck parked on the side of a public highway within the Crow...more

Bennett Jones LLP

Win for American Energy Companies Facing Climate Change Litigation

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In a 7-1 ruling in BP PLC et al v Mayor and City Council of Baltimore (19-1189), the Supreme Court of the United States ruled that the Fourth Circuit Court of Appeals did not fully analyze whether a climate change tort...more

Cozen O'Connor

Supreme Court Sides With Energy Companies On Technical Grounds In Climate Liability Case

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The U.S. Supreme Court issued a 7-1 opinion in BP PLC v. Mayor and City Council of Baltimore, Case No. 19-1189, ruling that the Fourth Circuit erred in failing to consider all jurisdictional arguments from defendants BP and...more

Morgan Lewis

US Supreme Court Allows Oil and Gas Companies to Appeal Jurisdictional Issues in Baltimore Climate Suit

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In a decision with important implications for climate change tort cases, the US Supreme Court held that federal courts of appeal can consider all potential grounds for federal jurisdiction in certain appeals of district court...more

Jones Day

U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

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The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court. On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides BP P.L.C., et al. v. Mayor and City Council of Baltimore

On May 17, 2021, the Supreme Court held in BP P.L.C., et al. v. Mayor and City Council of Baltimore that when a remand order is appealable under 28 U.S.C. § 1447(d), the court of appeals may review the entire remand order,...more

Faegre Drinker Biddle & Reath LLP

In D.D.C., Remand Arguments Are “No Match” For Plain Language Supporting Snap Removal

Pre-service removal—known colloquially as “snap removal”—continues to be adopted in more jurisdictions... In Doe v. Daversa Partners, 2021 WL 736734, at *3 (D.D.C. Feb. 25, 2021), the U.S. District Court for the District...more

Zelle  LLP

Climate Change Litigation Goes Before the Supreme Court

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In January, the US Supreme Court will hear arguments in one of the lawsuits filed against oil and gas companies for their alleged contribution to climate change. The Court’s ruling will likely have a significant impact on how...more

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

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The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

Dorsey & Whitney LLP

The Supreme Court - October 2, 2020

Dorsey & Whitney LLP on

Brnovich v. Democratic Nat. Comm., No. 19-1257; Arizona Republican Party v. Democratic Nat. Comm., No. 19-1258: 1) Does Arizona’s out-of-precinct policy - which does not count provisional ballots cast in person on Election...more

Faegre Drinker Biddle & Reath LLP

PREP Act Does Not Require Federal Forum for State Law Negligence Claims Related to COVID-19

A New Jersey District Court Judge has ruled that the March 2020 federal liability immunity statute for pandemic-related countermeasures does not create a basis for federal jurisdiction, resulting in the remand of two...more

Kilpatrick

Ninth Circuit: two pro-defendant decisions clarify burdens regarding CAFA’s $5 million jurisdictional threshold

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Takeaway: Class defendants prefer federal court. In any putative class action filed in state court, the first issue to analyze is whether the case can be removed to federal court, and any such analysis typically involves...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Jones Day

From the Top in Brief - June 2020

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The U.S. Supreme Court recently handed down three rulings potentially impacting bankruptcy cases. Nunc Pro Tunc Relief - In Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921, 2020 WL 871715 (U.S....more

Foley Hoag LLP - Environmental Law

State Climate Suits Really, Really, Belong in State Court When They Allege Misleading Statements To Investors

On March 28, 2020, there was yet another opinion addressing whether state and local climate suits belong in state or federal court. This time, Judge William Young issued an opinion explaining his March bench decision to...more

Butler Snow LLP

Aw, Snap! Fifth Circuit OKs ‘Snap’ Removal by Non-Forum Defendants

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Last week, the Fifth Circuit Court of Appeals ruled that the “forum defendant rule” does not stop a non-forum defendant from removing a case to federal court, as long as it is removed before a forum defendant is served. This...more

Greenberg Glusker LLP

Nunc Pro Tunc Anyone?

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On February 24, 2020, the United States Supreme Court ruled in a case Roman Catholic Archdiocese of San Juan v. Feliciano in connection with removal of a state court matter to Federal court, something that may have a...more

Foley Hoag LLP - Environmental Law

Baltimore’s Climate Case Will Be Heard in State Court

Last week, the 4th Circuit Court of Appeals affirmed the District Court decision remanding Baltimore’s climate change litigation to state court. I wouldn’t read too much into the decision, which is founded on the niceties of...more

Burr & Forman

Did the Supreme Court Really Ban Nunc Pro Tunc Orders?

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The U.S. Supreme Court in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, No. 18-921, 2020 WL 871715, at * (U.S. Feb. 24, 2020) in a per curiam opinion that turned on a state court’s jurisdiction...more

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