The statutory right of removal is accorded to a “Defendant” or “Defendants.§ 1441.Case law prohibits Third-Party Defendants, therefore, from initiating removal.

They have regularized procedures for case management and informal adjudication of discovery disputes that may make it easier for Plaintiffs to control some of Defendants’ routine temporizing and objectioneering that are ‘standard’ in many Defendants’ typical discovery responses. The latter provides ‘balance’ to the other Counties included within that District.ĭefendants should also consider that most federal districts utilize Magistrate Judges to manage pretrial discovery.In general, the Magistrate Judges have stronger qualifications and more decisive judicial personalities than their state-court counterparts acting in mass tort settings. District Court for the Southern District of New York includes not only those Counties, but Republican-dominated, and comparatively wealthier suburban areas, of Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan Counties. It is also believed that federal judges, on the whole, will grant case-dispositive motions more readily than their state counterparts.The jury pool in many areas is broader than state courts the latter being tied often to specific counties or localities that we can identify as “plaintiff-friendly”.For example, the jury pool found in Bronx County and New York County (and the bench) is traditionally thought to be very pro-Plaintiff.However, the U.S. Comparatively, the standards for appointment to the federal courts, while still including political connections, are ‘higher’ in that the judges have to obtain Presidential nomination and U.S. Why Should Defendants Remove? We should not pass over the basic question as to “why” this is important.Many of us feel that the federal judiciary is overall “better” than state judges. We not here address the removal provisions of the Class Action Fairness Act.

Timing of removal is a paramount consideration.If removal would be timely, there are three bases for removal that we will briefly review: federal subject matter jurisdiction (§1331) diversity jurisdiction (§1332) and federal officer/property removal (§ 1442). Removal jurisdiction derives from provisions of Title 28 of the U.S.

Equally important for defense counsel is to determine whether the case can be removed to federal court. In a previous article, we examined the prerequisites for a Court to exercise in personam jurisdiction over a Defendant.

Wd50000d032 remove case