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: How Appealing

When a lawsuit filed against multiple defendants in state court is capable of being removed to federal court, does the time for removal begin to run when the first defendant receives service of process or when the last defendant receives service?

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When a lawsuit filed against multiple defendants in state court is capable of being removed to federal court, does the time for removal begin to run when the first defendant receives service of process or when the last defendant receives service of process? Addressing a question of first impression that had already produced a circuit split among other federal appellate courts, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit held, in a decision you can access here, that the time for removal does not begin to run until the last defendant receives service of process.

Full post as published by How Appealing on July 29, 2008 (boomark / email).

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