The passage of time can change our collective perception of what is normal and accepted. By way of a somewhat contrived example, back in 1989, there was a popular cross-over rap song called “Just a Friend” by Biz Markie. It was catchy, entertaining, and a contrast to so-called “gangsta rap” that scared the Parents Music
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Snap Removal Zapped by S.D. Cal.
[This post is not from the Reed Smith side of the blog.]
Litigation is a game. It is a game with real stakes and broad implications, but it is nonetheless a game played according to certain rules. As in all games, the participants—plaintiffs and defendants alike—try to maximize their advantage within those rules.
In litigation…
Dictum and Technicalities Not Enough for Plaintiffs to Get Around Snap Removal
Today’s case is not a drug or device case, but a COVID nursing home case. We are not blogging on the underlying substance of the case but rather on plaintiff’s motion to remand after a snap removal. The case – Carroll v. Comprehensive Healthcare Management Services – is pending in the Western District of Pennsylvania. …
California Court Agrees with Circuits That Agree with Snap Removal
We looked back over the blog and it’s been over one year since we posted on snap removal. Last spring and summer, we reported on new pre-service removals almost monthly. So, we decided to poke around a bit and see if there was anything going on outside the drug and device law space. We found…
Plain Meaning Governs Snap Removals in Seventh Circuit
We have always puzzled over why pre-service removals are the least bit controversial. We are referring to what are known as “snap removals,” or removals to federal court before any forum defendant has been served. They are one way to comply with the removal statute’s forum defendant rule. It’s pretty simple: Even when you have…
Another Wrinkle Removal Upheld
Earlier this month we explained that a “wrinkle removal,” was one that capitalized on a “wrinkle” in the language of 28 U.S.C. § 1441(b)(2), which provides that a case cannot be removed on the basis of diversity if any “properly joined and served” defendant is a citizen of the forum state. But if the forum…
Remand Denied in Two Shingles Vaccine Cases out of the District Of New Jersey
We just returned from four days of depositions in Roswell and Carlsbad, New Mexico. We were pleased to cross this state off of the “not yet visited” list on our bulletin board. But it seems that we found the least picturesque cities in the entire state. At this time of year, the 75-mile drive from…