News & Analysis as of

Removal Litigation Strategies

Carlton Fields

Snap, Crackle, Remove: Gamesmanship or Winning Strategy? The What, When, and Where of Snap Removal

Carlton Fields on

Snap removal is a rare but useful procedural device to remove an action from state to federal court under the diversity jurisdiction rules, even when the plaintiff’s complaint names an in-state defendant as a party....more

Fox Rothschild LLP

Should the Litigation be in State or Federal Court?

Fox Rothschild LLP on

Deciding whether to choose state or federal court can be outcome determinative. This is particularly important in deciding to remove a case from state to federal court. Some state franchise statutes clearly allow a court to...more

Benesch

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

Benesch on

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

Robinson+Cole Class Actions Insider

Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named...more

Skadden, Arps, Slate, Meagher & Flom LLP

Securities Class Action Filings Continue Record Pace

Several securities litigation trends over recent years show no signs of abating in 2020. Federal securities class action filings seem likely to remain at elevated levels. Last year, for the third consecutive year, more than...more

Troutman Pepper Locke

The Nuts and Bolts of Local Practice in the Eastern District of Michigan (Part 1) - A Guide To Practicing In The U.S. District...

Troutman Pepper Locke on

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

McGuireWoods LLP

Snap Removals – An Often Unconsidered Path to Federal Court

McGuireWoods LLP on

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

Butler Snow LLP

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

Butler Snow LLP on

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

Pierce Atwood LLP

To Remove or Not to Remove in Massachusetts?

Pierce Atwood LLP on

I frequently am asked whether a company sued in Massachusetts state court would be better off in federal court. Despite the common perception that defendants in any state are always better off in federal court, there has...more

Pierce Atwood LLP

To Remove or Not To Remove?

Pierce Atwood LLP on

When the Class Action Fairness Act was passed ten years ago, many businesses breathed a collective sigh of relief. No longer would the plaintiffs' bar be able to keep their cases in certain magnet jurisdictions (a/k/a...more

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