“In the ensuing procedural gamesmanship, plaintiffs are in the process of losing one of the main ways they gamed the system to keep diverse cases in state court – the so-called ‘forum defendant rule’ whereby even a diverse action could be kept in state court by the presence of defendant domiciled in the plaintiff’s chosen forum. The forum defendant rule applies only to parties ‘properly joined and served,’ and technologically-savvy defendants have discovered that, by monitoring electronic dockets, they can remove diverse cases faster than plaintiffs can serve forum defendants. We call this ‘pre-service,’ ‘snap,’ or ‘wrinkle’ removal, and we’ve chronicled (and advocated) its rise since 2007
Read the complete post by Bexis on Drug and Device Law Blog here.
This is an excellent blog. One of my favorites. It’s unapologetically defense-oriented, of course. A phrase like “gamed the system” is practically an invitation for rebuttal! So if you would like to respond, rebut, or rebuke, please write to us at Editor@LitigationConferences.com. –Tom Hagy, HB