News & Analysis as of

Removal

Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

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In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Benesch

Ninth Circuit Shuts Down “Super” Snap Removals, Leaves Question of “Non-Super” Snap Removals (AKA Pre-Service Removals) Open for...

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Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.  This bulletin addresses a wrinkle in the law about when removal is possible....more

Kohrman Jackson & Krantz LLP

Un-Nudify Me: Removal Options for Deepfake Pornography Victims

The rapid advancement of artificial intelligence (AI) technology has created new challenges that significantly disrupts established legal principles. One facet of AI, with a large potential for abuse, is its seamless...more

Winstead PC

Court Affirmed Order Removing A Power Of Attorney Agent For Breaches Of Fiduciary Duty

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In In re Guardianship of Delp, a brother sued his sister over her actions as their mother’s power of attorney agent. No. 02-22-00300-CV, 2023 Tex. App. LEXIS 3617 (Tex. App.—Fort Worth May 25, 2023, no pet. history)....more

Willcox & Savage

Finding More Time to Perfect Removal to Federal Court

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Even practitioners well-accustomed to federal practice often overlook the critical rule regarding the deadline for removal when a defendant has been served through a statutory agent, an agent appointed to receive process by...more

Goldberg Segalla

Plaintiff’s Motion to Remand Denied; Court Finds Defendants’ Removal Timely

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Court: United States District Court for the Southern District of Alabama, Southern Division - This action was filed in the Circuit Court of Mobile County, Alabama, on June 23, 2022. The complaint named numerous...more

Bradley Arant Boult Cummings LLP

Locking Tik Tok? White House Requires Removal of TikTok App from Federal IT

On February 28, the White House issued a memorandum giving federal employees 30 days to remove the TikTok application from any government devices. This memo is the result of an act passed by Congress that requires the removal...more

McGuireWoods LLP

Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA

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The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class Action Fairness Act (“CAFA”). In Leflar v. Target Corp., the district court held...more

Downey Brand LLP

You’re Fired! Mature Minors May Seek Removal of Guardians Ad Litem

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California probate courts may appoint guardians ad litem (“GALs”) to represent the interests of those who cannot speak for themselves, including minors. While Probate Code section 1003 provides for the appointment of GALs, it...more

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

Vinson & Elkins LLP

Risk of Removal: Anticipating the Environmental Costs of Salvage and Wreck Removal

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With increased scrutiny around environmental issues, those in wreck salvage and removal need to take into account environmental issues during salvage, removal and scrap disposal, particularly of contaminated wreckages. ...more

Downey Brand LLP

And the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch Them

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Trustee removal petitions, like Centennial Fountains, are one of the more common fireworks in California trust litigation. We’ve explored how such petitions are litigated in prior post and a podcast. In Bruno v. Hopkins...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dam Removal: Federal Appellate Court Addresses Whether Opponent Had Standing to Bring Taking Claim

The Sixth Circuit Court of Appeals (“Court”) addressed in an April 11th opinion an issue arising out of the proposed removal of a dam. See Barber v. Charter Township of Springfield, Mich., 31 F.4th 382 (2022). The...more

Estlund Law, P.A.

U.A.E. and blocked INTERPOL Red Notices- does blocking always lead to removal?

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One of the primary concerns of most Red Notice subjects is obviously having their names removed from INTERPOL’s wanted list. As that process takes time, it often happens that we also request our clients’ data be blocked in...more

Estlund Law, P.A.

Who are the decision makers at INTERPOL's CCF?

Estlund Law, P.A. on

The CCF is the commission for the control of INTERPOL's files. It meets at least three times a year to decide on applications for relief. There is a full time staff that works for the CCF, and the request chamber has five...more

Wiley Rein LLP

New Suspension and Removal Rules for the Affordable Connectivity Program To Have Major Impact on Participating Providers

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On March 16, 2022, the vast majority of the new rules for the Affordable Connectivity Program (ACP) – the successor program to the Emergency Broadband Benefit (EBB) Program created by Congress last year to help offset the...more

Law School Toolbox

Law School Toolbox Podcast Episode 332: Listen and Learn -- Removal (Civ Pro)

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Welcome back to the Law School Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court.  In this episode we discuss: >The...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

Estlund Law, P.A.

What if the CCF denies my request for the removal of my Red Notice?

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What if the CCF denies my request for the removal of my Red Notice? Well, there is no appeal from the CCS decisions, and those decisions have a huge impact on a Red Notice subjects ability to travel, to work and to bank only...more

Stark & Stark

Removal of An Executor of An Estate

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Once an individual is appointed an executor of an Estate, they are tasked with the proper and timely completion of the administration of the Estate, as well as the distribution of assets and property of the estate to its...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 163: Listen and Learn -- Removal (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court. In this episode, we discuss: >The...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

K&L Gates LLP

Pennsylvania Civil Rule Amendment Affects "Snap" Removal to Federal Court

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Defendants seeking to remove cases from Pennsylvania state courts to federal courts using “snap” removal will have to file their removal papers more quickly as a result of an amendment to Pennsylvania’s service rules that...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

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