News & Analysis as of

Jurisdiction Appeals Removal

Benesch

Ninth Circuit Shuts Down “Super” Snap Removals, Leaves Question of “Non-Super” Snap Removals (AKA Pre-Service Removals) Open for...

Benesch on

Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.  This bulletin addresses a wrinkle in the law about when removal is possible....more

Lathrop GPM

Eighth Circuit En Banc Upholds Diversity Jurisdiction Despite Improper Removal

Lathrop GPM on

On December 30, 2020, the United States Court of Appeals for the Eighth Circuit reversed its long-standing precedent and joined other circuits in holding that the forum-defendant rule is not jurisdictional. State diversity...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (November 30-December 4): Appellate Jurisdiction Over Agency Orders

Apparently it’s a myth that Thanksgiving turkey makes you sleepy.  We beg to differ, judging from how much time it took us to shake off the food coma.  The Federal Circuit seemingly was in the same boat:  It had a slow...more

K&L Gates LLP

No Snap Decisions Here: Federal District Courts Remain Divided Over Pre-Service “Snap Removal” Even as Appellate Courts Endorse...

K&L Gates LLP on

A. THE ISSUE: CAN AN IN-STATE DEFENDANT REMOVE TO FEDERAL COURT BASED ON DIVERSITY JURISDICTION BEFORE RECEIVING SERVICE OF PROCESS, A MOVE KNOWN AS “SNAP REMOVAL”? A Washington State plaintiff sues Illinois defendants in...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

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

Moore & Van Allen PLLC on

The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Affirms “Snap” Removal Practice

Earlier last week, a Second Circuit panel resolved a sharp disagreement among district courts regarding the interpretation of the forum defendant rule in the context of a multi-district litigation (“MDL”) involving dozens of...more

Goodwin

Supreme Court Hears Argument on CAFA Removal

Goodwin on

On January 15, 2019, the Court heard arguments in Home Depot U.S.A., Inc. v. Jackson, No. 17-1471, and is now set to answer the question of whether the Class Action Fairness Act (CAFA)—which permits removal by “any defendant”...more

Eversheds Sutherland (US) LLP

Patronage capital update

The federal courts of appeals have generally recognized that electric cooperatives can retire patronage capital to their members through means other than annual cash payments. For example, the US Court of Appeals for the...more

Foley & Lardner LLP

Seventh Circuit: "Frivolous" Argument Saves Jurisdiction

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The Seventh Circuit issued an important opinion by Judge Easterbrook today, Lu Junhong v. Boeing Co., No. 14-1825, a clump of cases that arose after an Asiana Airlines jet manufactured by Boeing struck a seawall while landing...more

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