August 30, 2013 Articles

Removal to Federal Court in Forum Defendant Cases

By Ellen Relkin and Brian Hardingham

There are many reasons why a plaintiff’s attorney might opt to litigate in state court as opposed to federal court. Many states do not limit expert testimony to the extent that Daubert and its progeny do; federal juries require unanimous verdicts, wheras most states do not. The heightened federal pleading standards after Twombly and Iqbal or the attorney might be more accustomed to practicing in state court.

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