News & Analysis as of

Removal Appeals Diversity Jurisdiction

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

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

Lathrop GPM

Eighth Circuit En Banc Upholds Diversity Jurisdiction Despite Improper Removal

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On December 30, 2020, the United States Court of Appeals for the Eighth Circuit reversed its long-standing precedent and joined other circuits in holding that the forum-defendant rule is not jurisdictional. State diversity...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

Jackson Walker

Snap Removal in a Non-Removable Setting

Jackson Walker on

In Texas Brine Co., L.L.C. v. American Arbitration Association, the United States Court of Appeals for the Fifth Circuit recently addressed a question of first impression involving an interesting twist on removal...more

K&L Gates LLP

No Snap Decisions Here: Federal District Courts Remain Divided Over Pre-Service “Snap Removal” Even as Appellate Courts Endorse...

K&L Gates LLP on

A. THE ISSUE: CAN AN IN-STATE DEFENDANT REMOVE TO FEDERAL COURT BASED ON DIVERSITY JURISDICTION BEFORE RECEIVING SERVICE OF PROCESS, A MOVE KNOWN AS “SNAP REMOVAL”? A Washington State plaintiff sues Illinois defendants in...more

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

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount...more

Butler Snow LLP

Oh Snap! Federal Circuit Court Recognizes Viability of ‘Snap’ Removal by In-State Defendant

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On August 22, 2018, the United States Court of Appeals for the Third Circuit recognized the viability of “snap removal,” a litigation tactic whereby a defendant (in-state or otherwise) removes a state court claim to federal...more

Payne & Fears

Key California Employment Law Cases: April 2018

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This month’s key California employment law cases are two decisions from the Ninth Circuit Court of Appeals. Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018) - Summary: Amount in controversy for federal...more

Butler Snow LLP

Taking Down the Flagg: Fifth Circuit Remands Med Mal & Device Case for Lack of Diversity Despite Uncompleted Administrative Review...

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A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more

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