News & Analysis as of

Removal Diversity Jurisdiction Remand

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

Butler Snow LLP

Snap Back – Snap Removals Must Have Complete Diversity or Face Remand

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The Fifth Circuit Court of Appeals recently addressed so-called “Snap Removals” in the case of In re Levy, 52 F.4th 244, 245 (5th Cir. 2022). In Levy, the plaintiff, Calvin Levy, petitioned the Fifth Circuit for a writ of...more

Butler Snow LLP

Aw, Snap! Fifth Circuit OKs ‘Snap’ Removal by Non-Forum Defendants

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Last week, the Fifth Circuit Court of Appeals ruled that the “forum defendant rule” does not stop a non-forum defendant from removing a case to federal court, as long as it is removed before a forum defendant is served. This...more

Troutman Pepper Locke

Winning the Removal Race: District Courts Put Limits on 'Snap Removal'

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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

Holland & Knight LLP

Court Orders Remand of Cases Arising from Airline Accident in Mexico

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In Garcia v Aerovias de Mexico, S. A., the district court remanded all but two actions among 14 that had been removed to federal court on diversity of jurisdiction and federal question grounds. The cases arose from the failed...more

Winstead PC

Court Discusses Diversity of Citizenship Jurisdiction Where A Trustee Removed The Case

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In Thunder Patch II, LLC v. JPMorgan Chase Bank, N.A., plaintiffs filed suit against a trustee in state court seeking a declaration regarding the enforceability of a mineral lease, and the trustee removed the case to federal...more

Zelle  LLP

The Uncertainty of Remand in Texas

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The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant...more

Zelle  LLP

The Wild West of Improper Joinder in North Texas

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In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more

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