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...

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