Who are the decision makers at INTERPOL's CCF?
Law School Toolbox Podcast Episode 332: Listen and Learn -- Removal (Civ Pro)
What if the CCF denies my request for the removal of my Red Notice?
Bar Exam Toolbox Podcast Episode 163: Listen and Learn -- Removal (Civ Pro)
CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
NGE On Demand: The (Dilatory) Forum Defendant Rule and Snap Removal with Nick Graber
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
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
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
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
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
NGE Insurance Policyholder associate Nick Graber details the “forum defendant” rule, which prevents lawsuits from being removed from state to federal court where a defendant who is a resident of the forum (a “forum...more
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
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
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
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
In Parrott v. Northwestern Mut. Life Ins. Co., 2019 U.S. Dist. LEXIS 128827 (M.D. Fla. Aug. 1, 2017), a U.S. District Court for the Middle District of Florida held that parties cannot include future disability benefits in the...more
The law is the law, but the procedural rules and local customs and practices in federal court differ in many ways from Michigan’s state court system. Originally published in the Michigan Bar Journal Of Interest - January...more
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
A defendant can utilize 28 U.S.C. § 1441 to remove a state court case to federal court where complete diversity of citizenship exists. But the statute includes restrictions that limit a defendant’s ability to remove a case to...more
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
In Garcia v Aerovias de Mexico, S. A., the district court remanded all but two actions among 14 that had been removed to federal court on diversity of jurisdiction and federal question grounds. The cases arose from the failed...more
Any good litigator can tell you that removal is proper where there is diversity of citizenship and the amount in controversy exceeds $75,000. Diversity generally requires that no defendant be a citizen of the same state as...more
In Thunder Patch II, LLC v. JPMorgan Chase Bank, N.A., plaintiffs filed suit against a trustee in state court seeking a declaration regarding the enforceability of a mineral lease, and the trustee removed the case to federal...more
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
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
In Doermer v. Oxford Fin’l Group, Ltd., No. 17-1659 (7th Cir. Mar. 7, 2018), the Seventh Circuit had before it an example of what Chief Judge Diane Wood called a “depressingly common” type of litigation: “[f]amily disputes...more
In Roppo v. Travelers Commercial Insurance Company, the Seventh Circuit held that even after a motion to remand CAFA removal jurisdiction can be sufficiently established by a defendant’s “good faith estimates” of the amount...more
Congress passed the Class Action Fairness Act (CAFA) in 2005 to address a series of well-documented abuses of the class action process. Among the protections of the act were provisions enabling class action defendants to...more
In a case of first impression for the Court, the Eleventh Circuit recently addressed whether federal district courts retain original subject matter jurisdiction over state law claims included in a class action filed pursuant...more
Imagine opening your email one morning to find a copy of a complaint and summons just received by your out-of-state corporate client. The caption shows a familiar North Carolina company as the lone plaintiff, and a cursory...more