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Before COVID-19 Discouraged Litigation Tourism, There Were Snap Removals

July 2020 - American Bar Association, Mass Torts Litigation
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Let’s start with a simple civil procedure hypothetical: A Texas plaintiff sues a New Jersey corporation and a California corporation in a California state court claiming $80,000 in damages. The New Jersey defendant, knowing that it is the intended target of the lawsuit and that the California defendant is only tangentially relevant to the plaintiff’s claims, confirms that no defendant has been served and removes the action to federal court. Is the removal proper? What if the California defendant removes three days after the complaint is filed? Or one day? Or 10 minutes?

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