An oft-recurring task for counsel (both inside and outside) is analyzing whether a new lawsuit filed in state court can properly be removed to federal court, or whether the client (often an out-of-state company) must be left to the tender mercies of the state forum.
The Route to Federal Court Clarified
While the Jurisdiction and Venue Clarification Act of 2011 does not change the jurisdictional requirements for removal, and the basic removal procedures are left largely unchanged, the Act does in-house and outside counsel a service by settling removal issues that often varied by circuit, including the first-or-last-served defendant rule, the standard for measuring the amount in controversy, and the permissibility of exceptions to the one-year bar.
By
John E. GoodmanThis premium content is locked for LawJournalNewsletters subscribers only
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