Class Action

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
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...

Case Law Update: Removal in Medical Expenses Case
Pollitt v. Health Care Service Corp, No. 08-3509 (3/10/09) is a seventh circuit decision that decided that in state-court action seeking recovery under state-law theories of bad-faith conduct on part of defendant-insurer, which in turn sought to recover medical expenses paid by defendant on behalf of plaintiff's son, Dist...

Your business client is a defendant in a state court.
And the client is wary of state courts. So consider removal to a federal court under 28 USC 1441, "Actions removable generally". More cases are removable than you might think. For removal based on diversity, generally it's either there or not there from the face of the complaint...

Eleventh Circuit Adopts Last Served Defendant Rule for Removal
Per ABA's Litigation News, Oct. 9, 2008:Weighing in on a long-standing circuit split over when the time for removal runs in a multidefendant suit, the Eleventh Circuit in Bailey v. Janssen Pharmaceutica, Inc...

Case Law Update: Attorney Fees in Removal
Wolf v. Kennelly, No. 08-2203 (7/23/09) determined that the district court erred in barring plaintiff from seeking attorney fees from one defendant who unsuccessfully attempted to remove Ill...

CAFA Stole Their Lunch Money and Ran!
Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC v. Concophillips, No. CV 08-2068PSG(FFMx), 2009 WL 1652975 (C.D. Cal. June 11, 2009)...