2nd Cir Confirms Defendant May Remove State Action to Fed Ct Before Being Served With Process

The U.S. Court of Appeals for the Second Circuit held that a defendant may remove a state court action to federal court before being formally served with process.


Under 28 U.S.C. § 1446(b)(1), a defendant may remove a pending action from state to federal court at two points in time – i.e., the shorter of either within 30 days after receiving the initial pleading or, alternatively, within 30 days after being served with a summons.  This forum shopping may be useful depending on your local circuit.



Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: calh@gate.net