News & Analysis as of

Removal

Lathrop GPM

Louisiana District Court Grants Franchisor’s Motion to Remand Case to State Court

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In 1 Percent Lists Franchises, LLC v. Sell Smart, LLC, 2026 WL 183512 (E.D. La. Jan. 23, 2026), 1 Percent Lists Franchises, a real estate franchisor brought claims in state court against Sell Smart, a former franchisee, and...more

Harris Beach Murtha

National Mass Torts: 2025 Year in Review

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Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the industry...more

Vinson & Elkins LLP

Texas Business Court Quarterly Update – 2025 Q4 Summaries

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In the final quarter of 2025, the Texas Business Court closed its first calendar year of operation with a full slate of notable opinions. The Business Court continued to release opinions clarifying its jurisdiction, including...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published November 2025

Highlights from this issue include: Class Action Fairness Act Jurisdiction. The Ninth Circuit held that a plaintiff’s decision to remove class allegations after a case is removed from state court to federal court deprives the...more

Fisher Phillips

Appeals Court Greenlights Presidential Removal of NLRB Officers: 3 Steps For Employers

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The President has the authority to remove National Labor Relations Board (NLRB) Members at will, a federal appeals court just affirmed, tossing aside the removal protections in the National Labor Relations Act that has...more

Walkers

Removal of a protector – Royal Court of Guernsey confirms power to remove fiduciaries

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The Royal Court of Guernsey has confirmed its jurisdiction to remove fiduciaries from a trust where their continued involvement obstructs its proper administration. This decision reinforces the Court’s willingness to...more

Porter Hedges LLP

Should I File My Next Construction Case in the New Texas Business Court? Maybe. (Nov 2025 Update)

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In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas...more

Cranfill Sumner LLP

Revisiting Presidential Removal Powers: The Ongoing Impact of Trump v. Wilcox

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In late May 2025, the United States Supreme Court issued a preliminary ruling in Trump v. Wilcox that allowed President Trump to remove leaders at the National Labor Relations Board (NLRB) and Merit Systems Protection Board,...more

Goldberg Segalla

Snap Removal to Federal Court

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When evaluating a new state court case, it is important to immediately consider whether it can be removed to federal court, which requires both federal jurisdiction and grounds for removal. Although having a home-state...more

Vinson & Elkins LLP

Texas Business Court Quarterly Update - Q3 2025

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In the third quarter of 2025, the Texas Business Court has continued to release opinions that impact businesses operating in Texas and beyond. Many of the opinions to date have addressed novel jurisdictional issues attendant...more

Fisher Phillips

Employer Preview of Top Supreme Court Cases to Watch This Term

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The Supreme Court kicked off a new term on October 6 and is set to decide several key cases in the coming year that could have big effects on employers for years to come. Here’s a preview of the top cases on the Court’s...more

Butler Snow LLP

Filing a Motion in State Court Prior to Removal May Not Constitute Waiver

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In Abraham Watkins Nichols Agosto Aziz & Stogner v. Festeryga, No. 23-20337, 2025 WL 2621301 (5th Cir. Sept. 11, 2025), the plaintiff law firm sued its former associate attorney in Texas state court and sought a TRO and...more

Holland & Knight LLP

Supreme Court's Potential Restructuring of FTC Could Have Substantial Implications

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The U.S. Supreme Court on Sept. 22, 2025, issued an order in Trump v. Slaughter, staying a lower court's order to reinstate Federal Trade Commission (FTC) Commissioner Rebecca Slaughter over President Donald Trump's decision...more

Lasher

Estate Planning Lessons Learned from Jimmy Buffett’s Estate

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Jimmy Buffett passed away last year with an estate plan that detailed his wishes as to the disposition of his assets upon his passing. All of Jimmy’s assets passed into trust for the benefit of his surviving spouse, Jane,...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says NLRB Removal Protections Violate Constitution

Both unionized and non-unionized employers are familiar with the National Labor Relations Board’s authority to pursue and adjudicate unfair labor practice charges. Following high-profile charges brought against SpaceX and...more

Fisher Phillips

Do Not Pass Go: Fifth Circuit Halts NLRB from Prosecuting ULP Complaints as Courts Debate Agency’s Constitutional Power

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A federal appeals court dealt a significant blow to the National Labor Relations Board (NLRB) last week, upholding a preliminary injunction prohibiting it from prosecuting unfair labor practice (ULP) complaints against SpaceX...more

Goldberg Segalla

California Federal Court Grants Plaintiffs’ Application to Remand in Asbestos Action

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Court: United States District Court for the Central District of California - In this action, plaintiff Sondra Scott alleges asbestos exposure from her personal use of various talcum powder products including, but not limited...more

Proskauer - Minding Your Business

Removal? Snap to it!

The forum defendant rule normally bars removing a state case to federal court when there is a forum defendant, even if the parties are otherwise diverse. A rarely-used method is the exception to this rule. Using a procedure...more

Venable LLP

Judge Rejects President Trump’s “At-Will” Firing of Democratic FTC Commissioner

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A U.S. district judge in the District of Columbia held on July 17 that President Trump did not have statutory authority to remove FTC commissioner Rebecca Kelly Slaughter without cause. ...more

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

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On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

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Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Ballard Spahr LLP

Trump fires Democratic members of FTC

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President Trump on Tuesday fired the remaining two Democratic members of the FTC, leaving only two Republicans on the commission. The commissioners, Alvaro Bedoy and Rebecca Slaughter, announced their dismissals on social...more

Sheppard Mullin Richter & Hampton LLP

Federal District Court Reverses Firing of NLRB Member Wilcox – NLRB Returns to Statutory Quorum

On March 6, 2025, U.S. District Court Judge Beryl Howell held that Gwynne Wilcox, a former member of the National Labor Relations Board (“NLRB” or the “Board”) was “illegally” fired from her job. The court ordered the Board’s...more

Tarter Krinsky & Drogin LLP

How Green Card Holders Can Prepare for Admission into the U.S.

Coming Home Again – What Rights Do Lawful Permanent Residents Have When They Return to the United States? Lawful Permanent Residents of the United States (commonly known as ‘green card holders or LPR’s) are entitled to...more

Littler

Immigration Considerations for Hospitality Employers

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President Trump’s promise to carry out the largest deportation of undocumented individuals while simultaneously limiting the immigration of foreign workers is causing unique concerns in the hospitality industry. From resorts...more

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