What happens when a plaintiff from Kentucky sues a New York company in Massachusetts? The case gets tossed for lack of personal jurisdiction. That is exactly what happened in Kingston v. Angiodynamics, Inc., 2021 WL 3022320 (D. Mass. Jul. 16, 2021). It is what should have happened in Hammons v. Ethicon, Inc., 240
They are often called “snap removals” or “wrinkle removals.” They refer to cases removed to federal court before a forum defendant is served, which is one way to comply with the forum defendant rule in 28 U.S.C. § 1441(b)(2). That statute says that a civil action otherwise removable on diversity jurisdiction may not be removed
Diversity jurisdiction has been on our minds a lot lately. Last week, we wrote about a plaintiff who unsuccessfully tried to steer under the $75,000 amount in controversy requirement. As John Adams said, “facts are stubborn things,” and the existence of medical bills in excess of $75,000 refuted the plaintiff’s remand motion and permitted the
Hard to believe, but there are some plaintiffs who shun federal court. You all are as capable as we are of filling in the blank as to why that is so. Be that as it may, plaintiff attorneys have perfected all sorts of ways to avoid Article 3 judges and jury pools that draw from