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Wednesday, May 03, 2023
Snap removal swallows everything
An odd, but probably not unusual, phenomenon--one weird rule affects and infects application of other, related rules and processes. Snap removal seems to act as one such rule, with parties arguing that all sorts of removal is proper so long as it happens before service on a local defendant. I wrote last summer about a district court reading snap removal to override the time-of-filing rule for jurisdiction, allowing Tesla to remove a California case when it moved its headquarters post-filing but pre-service. (I tested on the case this semester). The defendant tried a similar move in this case, arguing that snap removal was proper when the diverse defendant removed before the non-diverse local defendant was served. Fortunately, Judge Stras was having none of it; even recognizing snap removal (the 8th Circuit has never weighed in), that cannot overcome the complete diversity requirement.
Posted by Howard Wasserman on May 3, 2023 at 08:55 AM in Civil Procedure, Howard Wasserman, Judicial Process | Permalink
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