Modern Removal and Remand Strategies: Forum Defendant Rule; Snap Removal; Effect on Pleadings, Motion Practice

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 28, 2023

1:00pm-2:30pm EST, 10:00am-11:30am PST

(Alert: Event date has changed from 1/17/2023!)

or call 1-800-926-7926

This CLE course will discuss the best removal and remand strategies for getting a case into or keeping a case in a preferred forum or moving it out of an opponent's choice of forum. The program will cover the forum defendant rule, snap removal, 28 U.S.C. 1147(e), 28 U.S.C. 1446, federal officer removal, federal question jurisdiction, and the consequences of removal on pleadings and motion practice. The panel will also point out how to spot what the opposing party may be up to and the best responses for countermoves.

Description

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.

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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

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?

Faculty

Dodrill, Christopher
Christopher S. Dodrill

Shareholder
Greenberg Traurig

Mr. Dodrill counsels and represents corporate and individual clients in federal and state courts in Texas and other...  |  Read More

Simson, Sylvia
Sylvia E. Simson

Shareholder
Greenberg Traurig

Ms. Simson is a litigator with a diverse practice focused on a broad range of complex commercial litigation as well as...  |  Read More

Stroud, Andrew
Andrew W. Stroud

Partner
Hanson Bridgett

Mr. Stroud is recognized as one of Sacramento’s top civil litigators. He has served as outside litigation counsel...  |  Read More

Burgos, Breana
Breana L. Burgos

Attorney
Hanson Bridgett

Ms.  Burgos is a member of Hanson Bridgett's Litigation Practice Group, from the early phases of litigation...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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