On August 17, 2018, we observed in our latest comprehensive post on pre-service removal, that “[w]ith Court of Appeals decisions now breaking in our favor, we can start trying to change the minds of district courts that have previously gone the other way.”

And how.

On August 22 – less than a week after that…

It’s been a while since we’ve discussed pre-service removal, other than to mention a recent case.  Our last major post was “What’s up with Removal Before Service,” back in May 2011.

Since then, we pointed out an important statutory development – that when Congress rewrote other parts of the removal statute (28 U.S.C.…

Recently, in downsizing our elderly father to a smaller residence and cleaning out his house, we came upon a cassette recording of our too-many-decades-ago Bat Mitzvah. We dug an old boom box out of the basement, listened to our sweet 13-year-old voice, and allowed the waves of nostalgia to wash over us.  We remembered the…

We’re running out of headlines for these posts: We’ve already used “Pre-Service Removals — For The Umpteenth Time” and “Pre-Service Removals: They Keep On Coming.”
What’s a blogger to do?
Even if we’ve run out of ideas for creative headlines, we can at least do the non-creative piece of this blogging…

At this point, we feel as though we’re obligated to track this issue: When a plaintiff files a complaint in state court that names both residents and non-residents of the forum state as defendants, can the non-resident defendant remove before the resident defendant is served?
When we last posted on this subject, we noted that…

We’re fixated on the subject: When a plaintiff files a complaint in state court that names both residents and non-residents of the forum state as defendants, can the non-resident defendant remove before the plaintiff serves the in-state defendant?
(We know that’s cryptic shorthand, but regular readers of this blog have seen more expansive descriptions of…

We really shouldn’t complain about the burden after we voluntarily assume a duty.
After all, we created the Drug Preemption Scorecard, the Device Preemption Scorecard, the No Injury Scorecard, and the Cross-Jurisdictional Class Action Tolling Scorecard, and we know that, having created those resources, we’re duty-bound to keep ’em current. (But we’re not your lawyers!…

Some blogs are all over Hurricane Gustav.
Some are investigating Sarah Palin.
Some analyze critical issues of the day.
And you’ve come here, where it’s wall-to-wall coverage of whether defendants can remove an action in which a non-resident defendant has been named in a complaint, but not yet served with process.
(We’re not sure whether…