Removing a Case to Federal Court: Navigating Substantive and Procedural Requirements, Pleadings, Motion Practice, and More

Motions for removal of a case from federal court to state court are both a weapon for defense counsel and a trap for the unwary.

Federal court offers perceived advantages for defendants: avoidance of out-of-state bias, enhanced federal procedural rules, or consolidation of mass litigation through the multi-district litigation procedures.

Federal district courts disfavor removal and will strictly analyze removal motions. Counsel must be able to analyze the potential bases for removal in a complaint and be proficient in the procedural requirements for removal. A failure to comply will result in the remand of the case back to state court and the potential for imposition of sanctions.

Listen as our panel of litigators discusses the procedural and substantive requirements to remove a case from state to federal court. The panel will look at the advantages of removal, procedural requirements, impact on other pleadings, litigation strategy, motion practice and remand back to state court.

1. Advantages and disadvantages of removing a case to federal court
2. Requirements for removing a case to federal court
   1. Deadline for removal
   2. Where to remove
   3. Other procedural requirements
3. Common bases for removal
4. Impact on other pleadings
   1. Supplemental jurisdiction over state-based claims
5. Strategy
6. Remand and sanctions

The panel will review these and other key issues:

• What procedural advantages does federal court offer defendants that would make litigating in federal court advantageous?
• What are the procedural requirements defendants must meet to successfully remove the case to federal court?
• Under what circumstances may sanctions be imposed on a defendant whose removal petition is unsuccessful?