Modern Removal and Remand Strategies: Forum Defendant Rule; Snap Removal; Effect on Pleadings, Motion Practice
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the best removal and remand strategies for getting a case into or keeping a case in a preferred forum or moving it out of an opponent's choice of forum. The program will cover the forum defendant rule, snap removal, 28 U.S.C. 1147(e), 28 U.S.C. 1446, federal officer removal, federal question jurisdiction, and the consequences of removal on pleadings and motion practice. The panel will also point out how to spot what the opposing party may be up to and the best responses for countermoves.
Outline
- Removal
- Removal Basics
- When, where, and how?
- Diversity jurisdiction
- Citizenship
- Amount in Controversy
- CAFA (briefly)
- Federal question jurisdiction
- What counts?
- Unique Circumstances
- Timing
- When the clock starts
- “Snap” removal
- Defensive considerations
- Removal Basics
- Remand
- Motions to Remand
- Timeliness, general procedure
- Waiving Remand
- Opposing a Motion to Remand
- General procedure
- Arguments to Make
- Removal After Remand
- Second notice of removal
- Evidence of Plaintiff's Bad Faith?
- Motions to Remand
Benefits
The panel will review these and other key issues:
- What statutes govern removal and remand?
- What is snap removal?
- What is federal officer removal, and when does it apply?
- How can one avoid pleading with federal issues or questions?
- What are the consequences of successful removal?
- Can removal or remand occur well past the 30-day time period in 28 U.S.C. 1441?
Faculty
Christopher S. Dodrill
Shareholder
Greenberg Traurig
Mr. Dodrill counsels and represents corporate and individual clients in federal and state courts in Texas and other... | Read More
Mr. Dodrill counsels and represents corporate and individual clients in federal and state courts in Texas and other jurisdictions across the country. He has a diverse litigation practice that includes complex commercial disputes, business torts, financial services litigation, data privacy actions, legal malpractice defense, and internal investigations. Mr. Dodrill has significant experience in multi-district litigation and class action defense.
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Sylvia E. Simson
Shareholder
Greenberg Traurig
Ms. Simson is a litigator with a diverse practice focused on a broad range of complex commercial litigation as well as... | Read More
Ms. Simson is a litigator with a diverse practice focused on a broad range of complex commercial litigation as well as mass torts, product liability, life sciences, environmental, and financial services matters.
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Andrew W. Stroud
Partner
Hanson Bridgett
Mr. Stroud is recognized as one of Sacramento’s top civil litigators. He has served as outside litigation counsel... | Read More
Mr. Stroud is recognized as one of Sacramento’s top civil litigators. He has served as outside litigation counsel for three California Governors: Governor Gray Davis, Governor Arnold Schwarzenegger and Governor Jerry Brown. As litigation counsel, Mr. Stroud has represented the State in many complex and high profile actions. He has represented both regional and national companies in commercial and business litigation as well.
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Breana L. Burgos
Attorney
Hanson Bridgett
Ms. Burgos is a member of Hanson Bridgett's Litigation Practice Group, from the early phases of litigation... | Read More
Ms. Burgos is a member of Hanson Bridgett's Litigation Practice Group, from the early phases of litigation through appeal. Prior to joining Hanson Bridgett, she worked to prepare speeches on border issues and immigration law as an immersion day trip leader in Tijuana, taught English to immigrants from Mexico and Central America, and assisted with data compilation for cannabis ordinances in California.
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