Tag Archive for: Removal to District Court

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.

http://media.ca1.uscourts.gov/pdf.opinions/13-2543P-01A.pdf

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