Insurers: New Tools To Remove CAFA Cases To Fed. Court

Law360, New York (May 25, 2012, 1:36 PM EDT) -- Insurance companies often presumptively seek to avoid state courts because they perceive that state court litigation entails confusing procedures, provincial judges and overly generous — and unpredictable — juries. As a result, after service of a state court complaint, many defendant insurers immediately seek to remove their case to federal court.

For the rising number of complex state court class action cases asserted against insurers, the inclination to avoid a state court venue is even more pronounced. In light of the U.S. Supreme Court’s decision in...
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