Modern Removal and Remand Strategies

Forum Defendant Rule; Snap Removal; Effect on Pleadings, Motion Practice

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.

Outline

  1. Statutory authority and procedural requirements
  2. Strategies for plaintiffs
    1. Avoiding federal question
    2. Avoiding diversity, pre- and post-filing
    3. Federal question issues as counterclaims; Home Depot v. Jackson
    4. Amending the complaint
  3. Strategies for defendants
    1. Contractual forum selection
    2. Snap removal
    3. Finding federal question jurisdiction
    4. Preemption
    5. Federal officer removal
    6. Federally chartered defendants
  4. Consequences of removal
    1. Avoiding remand
    2. Effect of removal on pleadings and motion practice
Strafford and HB Logos

On Demand CLE Webinar

A Strafford production specially selected for HB audiences.

Speakers

Christopher Dodrill
Shareholder
Greenberg Traurig

Sylvia Simson
Shareholder
Greenberg Traurig

Andrew Stroud
Partner
Hanson Bridgett

Breana Burgos
Attorney
Hanson Bridgett

Benefits

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?