5th Circ. Attys Should Be Ready To File For Removal In A Snap
By Brittany Wakim (April 14, 2020, 5:35 PM EDT) -- On April 7, in Texas Brine Co. LLC v. American Arbitration Association Inc., the U.S. Court of Appeals for the Fifth Circuit joined the U.S. Courts of Appeals for the Second and Third Circuits in adopting the plain-meaning approach to the removal statute, holding that the forum-defendant rule does not prohibit a defendant from removing a case from state court to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum-state defendant.
The federal appellate courts that have addressed this issue are now three for three on recognizing the viability of preservice removal, also known as...
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