News & Analysis as of

Removal

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

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Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Ballard Spahr LLP

Trump fires Democratic members of FTC

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President Trump on Tuesday fired the remaining two Democratic members of the FTC, leaving only two Republicans on the commission. The commissioners, Alvaro Bedoy and Rebecca Slaughter, announced their dismissals on social...more

Sheppard Mullin Richter & Hampton LLP

Federal District Court Reverses Firing of NLRB Member Wilcox – NLRB Returns to Statutory Quorum

On March 6, 2025, U.S. District Court Judge Beryl Howell held that Gwynne Wilcox, a former member of the National Labor Relations Board (“NLRB” or the “Board”) was “illegally” fired from her job. The court ordered the Board’s...more

Tarter Krinsky & Drogin LLP

How Green Card Holders Can Prepare for Admission into the U.S.

Coming Home Again – What Rights Do Lawful Permanent Residents Have When They Return to the United States? Lawful Permanent Residents of the United States (commonly known as ‘green card holders or LPR’s) are entitled to...more

Littler

Immigration Considerations for Hospitality Employers

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President Trump’s promise to carry out the largest deportation of undocumented individuals while simultaneously limiting the immigration of foreign workers is causing unique concerns in the hospitality industry. From resorts...more

Bradley Arant Boult Cummings LLP

Amending Away Federal Jurisdiction: Supreme Court Holds That Federal Jurisdiction Can Be Divested by Amendment

Federal courts can adjudicate state-law claims arising out of the same facts as federal-law claims under 28 U.S.C. § 1367, but what happens if, after removal, the plaintiff amends her complaint to remove the federal questions...more

Nilan Johnson Lewis PA

DHS Termination of the 2023 Redesignation of Venezuela for Temporary Protected Status (TPS)

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On February 5, 2025, the Department of Homeland Security (DHS) published a notice in the Federal Register terminating the 2023 redesignation of Venezuela for Temporary Protected Status (TPS)...more

Carlton Fields

Snap, Crackle, Remove: Gamesmanship or Winning Strategy? The What, When, and Where of Snap Removal

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Snap removal is a rare but useful procedural device to remove an action from state to federal court under the diversity jurisdiction rules, even when the plaintiff’s complaint names an in-state defendant as a party....more

Fox Rothschild LLP

Should the Litigation be in State or Federal Court?

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Deciding whether to choose state or federal court can be outcome determinative. This is particularly important in deciding to remove a case from state to federal court. Some state franchise statutes clearly allow a court to...more

Carr Maloney P.C.

Supreme Court Announces Bright Line Rule in Determining Federal Courts’ Subject-Matter Jurisdiction

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On January 15, 2025, the Supreme Court of the United States in Royal Canin U.S.A., Inc., et al. v. Wullschleger et al., upheld the Eighth Circuit’s decision, holding that when a plaintiff amends their complaint and deletes...more

Carlton Fields

Royal Canin v. Wullschleger: A Primer on Jurisdiction

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In the Supreme Court’s latest opinion, Royal Canin U.S.A. Inc. v. Wullschleger, the court takes us back to basics on the basis for federal question and supplemental jurisdiction....more

McGlinchey Stafford

SCOTUS: Case Removed on Federal Question Grounds Must Be Remanded if Federal Claim Is Dismissed

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In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims. What is the...more

Jackson Walker

The Business Court of Texas Issues Key Opinions on Jurisdiction

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The Business Court of Texas, established on September 1, 2024, has issued its first round of major opinions. These rulings, authored by judges across its divisions, largely address jurisdictional questions stemming from the...more

McGlinchey Stafford

New York District Court Rejects Arguments That TCPA Claims Are Non-Removable

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On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the...more

Jones Day

Cases Pending Before September 1, 2024, Cannot Be Removed to Texas Business Court, Dallas Court Holds

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In the first opinion to address the issue, the Texas Business Court determined that it lacks jurisdiction over cases pending before September 1, 2024, even if the cases otherwise meet the jurisdictional requirements of the...more

Robinson Bradshaw

A Pet Lovers’ Quarrel in the U.S. Supreme Court Could Determine Whether Class Actions Can Be Remanded to State Court

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Two Missouri pets—and what’s in their prescription food—may ultimately determine where and how class actions are litigated. Earlier this month, the U.S. Supreme Court held oral argument in Royal Canin U.S.A., Inc. v....more

Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

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In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Benesch

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

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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

Kohrman Jackson & Krantz LLP

Un-Nudify Me: Removal Options for Deepfake Pornography Victims

The rapid advancement of artificial intelligence (AI) technology has created new challenges that significantly disrupts established legal principles. One facet of AI, with a large potential for abuse, is its seamless...more

Winstead PC

Court Affirmed Order Removing A Power Of Attorney Agent For Breaches Of Fiduciary Duty

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In In re Guardianship of Delp, a brother sued his sister over her actions as their mother’s power of attorney agent. No. 02-22-00300-CV, 2023 Tex. App. LEXIS 3617 (Tex. App.—Fort Worth May 25, 2023, no pet. history)....more

Willcox & Savage

Finding More Time to Perfect Removal to Federal Court

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Even practitioners well-accustomed to federal practice often overlook the critical rule regarding the deadline for removal when a defendant has been served through a statutory agent, an agent appointed to receive process by...more

Goldberg Segalla

Plaintiff’s Motion to Remand Denied; Court Finds Defendants’ Removal Timely

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Court: United States District Court for the Southern District of Alabama, Southern Division - This action was filed in the Circuit Court of Mobile County, Alabama, on June 23, 2022. The complaint named numerous...more

Bradley Arant Boult Cummings LLP

Locking Tik Tok? White House Requires Removal of TikTok App from Federal IT

On February 28, the White House issued a memorandum giving federal employees 30 days to remove the TikTok application from any government devices. This memo is the result of an act passed by Congress that requires the removal...more

McGuireWoods LLP

Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA

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The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class Action Fairness Act (“CAFA”). In Leflar v. Target Corp., the district court held...more

Downey Brand LLP

You’re Fired! Mature Minors May Seek Removal of Guardians Ad Litem

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California probate courts may appoint guardians ad litem (“GALs”) to represent the interests of those who cannot speak for themselves, including minors. While Probate Code section 1003 provides for the appointment of GALs, it...more

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