New Ammunition Supports Removal Before Service

Law360, New York (October 3, 2012, 2:10 PM EDT) -- District courts, for years, had come down on both sides of a significant question impacting defendants’ right to remove cases to federal court: whether there is an exception to the “forum defendant rule” when removal is accomplished before the forum defendant is served with process (in shorthand, “removal before service”).

Last year, Congress amended the removal statutes but chose to leave unchanged the statutory language that defendants had invoked to remove cases prior to service of the forum defendant. Defendants have therefore successfully argued in recent...
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