Removin' On Up

Law360, New York (March 22, 2011, 1:04 PM EDT) -- When faced with class action allegations in state court, it is no secret that most defendants prefer to do battle in federal court. Although removal to federal court is ideally pursued at the outset of a case, early removal is not always possible. In some cases, grounds for removal may only become apparent as discovery progresses, or when plaintiffs amend their pleadings to include new claims or greater amounts in controversy.

When defendants seek to remove later in the game, they may be surprised to encounter...
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