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.,[1] 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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!