Serviceable Notion: Removal By Resident Defendants

Law360 (August 6, 2008, 12:00 AM EDT) -- New Jersey has become a weathervane in the recent dust-up over the obscure "joined and served" requirement of the federal removal statute.

State court rules that effectively delay service have allowed New Jersey defendants, most notably large pharmaceutical companies, to remove otherwise unremovable cases to federal courts.

After several such removals, an angry state court judge sua sponte relaxed state requirements in a bid to cut them off.

Charges of gamesmanship and manipulation were flying.

More recently, the weathervane has swung around in favor of remand and against a plain reading of the removal statute.

What's going on here?

The controversy...

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