Getting Creative With Approaches To Removal

Law360, New York (December 20, 2017, 11:09 AM EST) -- Often, the first — and most important — strategic consideration in defending a new lawsuit filed in state court is determining whether the action can be transferred to federal court, under a process authorized by federal statute known as removal. Lawsuits are usually removable for one of two reasons: (1) the suit alleges a claim or claims arising under federal law,[1] or (2) the parties to the suit are residents of different states.[2]

But occasionally, defendants can remove actions that do not clearly fit either of these statutory grounds. This article examines a lesser-known removal doctrine defendants might consider employing in...

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