Search results for: snap removal

[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…

Here is another post from our junior blogger-in-training, Dean Balaes.  He tackles one of the blog’s favorite subjects, removal before service to bring our readers the skinny on the first case where a plaintiff attempted to interpose a COVID-19 objection to snap removal, unsuccessfully.  Since other plaintiffs might try the same thing, that makes…

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…

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…

It is a truism in product liability matters that plaintiffs love state courts, whereas defense lawyers and our clients much prefer federal court.  There are reasons for this.  Twombly and Iqbal pleading standards are more rigorous than the pleading standards in many state courts.  Federal judges often have fewer cases and more clerks than state…

There’s a reason plaintiffs hate removal before service – “snap removal.”  It has the potential to wreak havoc on their mass tort business models, which are largely based on confronting defendants with as many cases as possible in the worst jurisdictions possible.  While federal courts are hardly perfect, they are usually better than the state-court…

The DDL blog is no friend of the forum defendant rule – the exception to removability of diverse cases.  You wouldn’t find us lamenting if it suddenly disappeared because it would take with it busloads of litigation tourists who would no longer have any incentive to sue a forum defendant – often a nominal defendant…

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FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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