Removing Product Liability, Mass Tort Cases To Fed Court
June 1, 2012, 12:55 PM EDT
Law360, New York (June 1, 2012, 12:55 PM EDT) -- The forum of federal or state court can often be decisive in product liability and mass tort cases. As the scope of government regulation and control of the economy increases, the possibility that a corporate defendant may be “acting under” a federal agency in engaging in the allegedly tortious conduct may provide a means to remove the entire litigation to federal court.
This article will review the major arguments and authorities for and against applicability of this highly technical removal statute in particular situations, and will...