Law School Toolbox Podcast Episode 332: Listen and Learn -- Removal (Civ Pro)
Bar Exam Toolbox Podcast Episode 163: Listen and Learn -- Removal (Civ Pro)
NGE On Demand: The (Dilatory) Forum Defendant Rule and Snap Removal with Nick Graber
Law School Toolbox Podcast Episode 292: Listen and Learn -- The Erie Doctrine (Civ Pro)
Bar Exam Toolbox Podcast Episode 126: Listen and Learn -- The Erie Doctrine
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
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
Jurisdiction always matters. Of course, litigants and the courts tend to focus on the merits. After all, the merits, not rote jurisdictional analyses, are what a lawsuit is all about. But parties cannot ignore basic...more
A proposed amendment to Federal Rule of Civil Procedure 7.1, which had previously required information so judges could determine if they had a conflict of interest, would require a party in a diversity action to name and...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
In the wake of the Supreme Court of Virginia’s decision in Parrish v. Fed. Nat’l Mortg. Ass’n, 292 Va. 44, 787 S.E.2d 116 (2016), foreclosure purchasers have faced increasing difficulty evicting borrowers who remain in the...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
A recent decision by the Third Circuit effectively expands the scope of removable cases. As the first appellate decision to directly address the issue, the U.S. Court of Appeals for the Third Circuit upheld a Pennsylvania...more
The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal...more
In Barlow v. Colgate Palmolive Co., 772 F.3d 1001 (4th Cir. 2014), an en banc decision, the United States Court of Appeals for the Fourth Circuit considered two cases where plaintiffs allegedly misrepresented their intent to...more