By Karin Bohmholdt ( September 10, 2018, 1:33 PM EDT) -- In Martinez v. Landry's Restaurants Inc., a California state appeals court has held that, in the absence of a federal stay, the time period during which a federal appeal from an order remanding a case to state court is pending should be included when state trial courts calculate the "five-year rule" for bringing a case to trial. This ruling means that in lengthy complex civil cases and class actions, both plaintiff and defense counsel should carefully consider whether to seek a stay of proceedings where the case crosses jurisdictional boundaries....
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