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Removal Diversity Jurisdiction Subject Matter Jurisdiction

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

Butler Snow LLP on

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

Law School Toolbox

Law School Toolbox Podcast Episode 332: Listen and Learn -- Removal (Civ Pro)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court.  In this episode we discuss: >The...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 163: Listen and Learn -- Removal (Civ Pro)

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court. In this episode, we discuss: >The...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

Butler Snow LLP

An Update on Snap Removal

Butler Snow LLP on

A defendant can utilize 28 U.S.C. § 1441 to remove a state court case to federal court where complete diversity of citizenship exists. But the statute includes restrictions that limit a defendant’s ability to remove a case to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

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

Payne & Fears

Key California Employment Law Cases: April 2018

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This month’s key California employment law cases are two decisions from the Ninth Circuit Court of Appeals. Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018) - Summary: Amount in controversy for federal...more

Balch & Bingham LLP

Eleventh Circuit Holds that District Courts Retain Original Jurisdiction Over State Law CAFA Claims Even After Class Claims Are...

Balch & Bingham LLP on

In a case of first impression for the Court, the Eleventh Circuit recently addressed whether federal district courts retain original subject matter jurisdiction over state law claims included in a class action filed pursuant...more

Womble Bond Dickinson

The Case for a Unified Approach to Corporate and LLC Citizenship

Womble Bond Dickinson on

Imagine opening your email one morning to find a copy of a complaint and summons just received by your out-of-state corporate client. The caption shows a familiar North Carolina company as the lone plaintiff, and a cursory...more

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