Maintain A Foothold

May 3, 2021

This article explores tactics for beating snap removal to keep your cases in state court.

Imagine properly filing your state court case where the defendant resides, only to find out a few minutes later that the defendant has already removed your case to federal court. The practice of “snap removal”—removing an action to federal court before the forum defendant has been “properly . . . served” pursuant to 28 U.S.C. §1441(b)(2)—was already growing in recent years as state courts around the country gradually shifted to electronic filing.

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