Removing Insurance Cases to Federal Court: Strategic Considerations and Recurring Challenges
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss why federal court may or may not be a better forum for insurers and review recurring challenges with effecting removal, such as citizenship of limited liability companies, inactive or dissolved entities, improper joinder, and resisting remand.
Outline
- Introduction
- Factors affecting remand
- Overcoming removal stumbling blocks
- Opposing remand
Benefits
The panel will review these and other key issues:
- When does the deadline to remove begin to run? Are there second chances?
- Does it matter if the litigation raises novel state law coverage issues?
- What is required to fully allege complete diversity of citizenship as required by 28 U.S.C. Section 1332(a)?
- Does the Rooker-Feldman doctrine apply to a properly removed case?
- May a federal appeals court review state court orders entered before removal?
- Which Defendants must consent to removal?
- What is the forum defendant rule? Does “snap removal” provide a way around it?
Faculty
John G. Koch
Shareholder
Flaster/Greenberg
Mr. Koch is a member of Flaster Greenberg’s Insurance Counseling and Recovery, Litigation and Environmental... | Read More
Mr. Koch is a member of Flaster Greenberg’s Insurance Counseling and Recovery, Litigation and Environmental Practice Groups. He helps business clients recover from their insurance companies or other responsible parties when facing a loss or potential liability. Mr. Koch's clients come to him for cost-effective, objective-driven representation. He does not represent insurance companies.
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Greg E. Mann
Partner
Rivkin Radler
Mr. Mann represents and advises some of the nation’s leading insurers on a broad range of coverage matters... | Read More
Mr. Mann represents and advises some of the nation’s leading insurers on a broad range of coverage matters – from historic manufactured gas plant operations and compliance with coal ash regulations, to emerging issues such as global climate change. Most recently, he has concentrated on complex environmental claims arising from compliance with state and federal regulations regarding closure of historic coal ash basins. Mr. Mann's recent cases have also involved environmental contamination and toxic exposure arising from pipeline leaks, well blowouts, and coal ash storage.
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Jennifer Martin
Partner
Wilson Elser
Ms. Martin focuses her practice primarily on first-party property and casualty insurance litigation and related... | Read More
Ms. Martin focuses her practice primarily on first-party property and casualty insurance litigation and related appellate work. She advises insurance carriers regarding a broad range of matters, including complex coverage questions, claims handling issues, and allegations of statutory violations and bad faith. Ms. Martin has significant experience litigating and negotiating commercial and personal lines insurance coverage and bad faith disputes. A great deal of this work has centered on the large volume of claims stemming from the violent weather events throughout Texas. Her clients comprise a number of major national carriers. Ms. Martin leverages Wilson Elser’s experience in this tightly regulated, cost-conscious industry to deliver demonstrable value to clients. She has successfully litigated numerous cases in state and federal courts throughout Texas and surrounding areas.
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