Description
A defendant in a lawsuit filed in state court can "remove" the case to federal court if there is a diversity of citizenship, except if a "properly joined and served" defendant is a citizen of the forum state. With the advent of electronic filing, defendants now have instantaneous notice of suits and may remove the case before being served, thereby sidestepping the forum defendant rule. Although several U.S. Circuit Courts have approved the practice, a debate remains on whether this practice should be approved.
Plaintiffs have their own toolbox to anticipate removal strategies and take preemptive actions to make removal difficult and remand likely. Since all parties can play the literal-reading-of-the-statute card, plaintiffs have seized on ways to bring the "real" parties into the dispute in such a way as to prevent removal.
If the case comes to a stop in federal court after removal, the parties must be aware of how the change in forum impacts the rest of the case: deadlines, motions, pleadings, what must be answered, and what is stayed.
Listen as this experienced panel of litigators discusses which removal and remand planning and strategies can make the most difference.
Presented By
Ms. Burgos is a member of Hanson Bridgett's Litigation Practice Group, from the early phases of litigation through appeal. Prior to joining Hanson Bridgett, she worked to prepare speeches on border issues and immigration law as an immersion day trip leader in Tijuana, taught English to immigrants from Mexico and Central America, and assisted with data compilation for cannabis ordinances in California.
Mr. Dodrill counsels and represents corporate and individual clients in federal and state courts in Texas and other jurisdictions across the country. He has a diverse litigation practice that includes complex commercial disputes, business torts, financial services litigation, data privacy actions, legal malpractice defense, and internal investigations. Mr. Dodrill has significant experience in multi-district litigation and class action defense.
Ms. Simson is a litigator with a diverse practice focused on a broad range of complex commercial litigation as well as mass torts, product liability, life sciences, environmental, and financial services matters.
Mr. Stroud is recognized as one of Sacramento’s top civil litigators. He has served as outside litigation counsel for three California Governors: Governor Gray Davis, Governor Arnold Schwarzenegger and Governor Jerry Brown. As litigation counsel, Mr. Stroud has represented the State in many complex and high profile actions. He has represented both regional and national companies in commercial and business litigation as well.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, February 28, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Removal
- Removal Basics
- When, where, and how?
- Diversity jurisdiction
- Citizenship
- Amount in Controversy
- CAFA (briefly)
- Federal question jurisdiction
- What counts?
- Unique Circumstances
- Timing
- When the clock starts
- “Snap” removal
- Defensive considerations
- Removal Basics
- Remand
- Motions to Remand
- Timeliness, general procedure
- Waiving Remand
- Opposing a Motion to Remand
- General procedure
- Arguments to Make
- Removal After Remand
- Second notice of removal
- Evidence of Plaintiff's Bad Faith?
- Motions to Remand
The panel will review these and other key issues:
- What statutes govern removal and remand?
- What is snap removal?
- What is federal officer removal, and when does it apply?
- How can one avoid pleading with federal issues or questions?
- What are the consequences of successful removal?
- Can removal or remand occur well past the 30-day time period in 28 U.S.C. 1441?
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