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The What, When, How, and Why of Removing to Federal Court Before a Defendant Is "Properly Joined and Served".
- Source :
-
Mass Torts . Spring2024, Vol. 22 Issue 3, p12-16. 5p. - Publication Year :
- 2024
-
Abstract
- This article discusses the practice of "snap removal," which allows defendants to remove their cases from state court to federal court before being properly served. The article explains that federal courts have limited jurisdiction and must ensure that cases before them are based on federal question or diversity jurisdiction. Snap removals have been validated by four federal circuit courts of appeals, but they have also been controversial. Critics argue that snap removals exploit procedural technicalities, while proponents argue that they disincentivize fraudulent joinder by plaintiffs. The article provides key takeaways for defendants and their counsel who may want to pursue snap removals. [Extracted from the article]
Details
- Language :
- English
- ISSN :
- 19372248
- Volume :
- 22
- Issue :
- 3
- Database :
- Academic Search Index
- Journal :
- Mass Torts
- Publication Type :
- Periodical
- Accession number :
- 175682167