Perspective
Aug. 8, 2013
The race to remove
When removal occurs despite naming a local defendant. By Brian Kabateck and Douglas Rochen
Assume a California resident filed his complaint against an Oregon trucking company and its driver who lives in California. When the Oregon trucking company is served and removes the matter to federal court before the California driver is served, there is a split of authority addressing whether removal is proper or not based upon a race between the plaintiff's process server to serve the local defendant and the defendant&#...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In