Talking 'Timely' Removal In Multidefendant Litigation

Law360, New York (June 20, 2011, 1:41 PM EDT) -- Recent decisions have deepened the split among the federal circuits regarding “timely” removal in multiple-defendant cases.[1]

28 U.S.C. § 1146 allows a defendant to remove a civil case from state to federal court where that action could have been brought in federal court initially and where the notice of removal is filed within 30 days after the defendant’s receipt of the pleading. Specifically, the statute states that “[t]he notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt...
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