Modern Removal and Remand Strategies: Keeping the Case Out of (or In) Federal Court
Forum Defendant Rule, Snap Removal, Home Depot v. Jackson
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss getting a case into or keeping a case in a preferred forum or moving it out of an opponents' choice of forum through removal and remand. The program will cover how both defendants and plaintiffs have achieved the desired advantages by a thorough understanding of the forum defendant rule and 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.
- Statutory authority and procedural requirements
- Strategies for plaintiffs
- Avoiding federal question
- Avoiding diversity, pre- and post-filing
- Federal question issues as counterclaims; Home Depot v. Jackson
- Amending the complaint
- Strategies for defendants
- Contractual forum selection
- Snap removal
- Finding federal question jurisdiction
- Federal officer removal
- Federally chartered defendants
- Consequences of removal
- Avoiding remand
- Effect of removal on pleadings and motion practice
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?
Joseph S. Fritzson
J.S. Fritzson Law Firm
Mr. Fritzson has handled all types of general liability matters and commercial litigation issues. He has represented... | Read More
Mr. Fritzson has handled all types of general liability matters and commercial litigation issues. He has represented the most prominent multi-national food corporations, pharmaceutical companies, retailers, restaurant chains, trucking operators, construction companies, including a handful of Fortune 500 companies, along with numerous private individuals.Close
Eric L. Reichenberger
Marshall Dennehey Warner Coleman & Goggin
Mr. Reichenberger is an associate practicing in the Casualty Department. He devotes a significant amount of time to the... | Read More
Mr. Reichenberger is an associate practicing in the Casualty Department. He devotes a significant amount of time to the defense of claims made and suits brought against insureds and businesses in products liability, premises liability, automobile, commercial, and construction matters. Mr. Reichenberger also works closely with insurance companies in the investigation of fraudulent claims.Close