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, or (2) the parties to the suit are residents of different states.
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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