Case Study: Delalla V. Hanover Insurance

Law360, New York (October 20, 2011, 1:42 PM EDT) -- In a recent decision, Delalla v. Hanover Ins., Nos. 10-3933 & 11-1532, 2011 U.S. App. (3d Cir. Oct. 12, 2011), the Third Circuit determined that, under 28 U.S.C. § 1446(b), each defendant in a multiple defendant case has a 30-day period within which to remove a lawsuit filed in state court to federal court.

The Third Circuit’s adoption of this “later-served” rule is significant as it allows an earlier-served defendant to join in a notice of removal filed by a later-served defendant, even though the 30-day...
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