February 26, 2013 Articles

Removal Statute Amendments and Proposed Changes to Rule 45 Subpoenas

By Nicholas Magali

The federal removal statutes are located at 28 U.S.C. ยงยง 1441 to 1455 and set forth the grounds and procedure for removal, including what types of claims may be removed to federal court, what defendants may or may not remove a case, the time period for removal, and certain other procedural requirements. Effective for all cases filed or removed on or after January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 amended in part the removal statutes. PL 112-63, Dec. 7, 2011, 125 Stat 758. The act has clarified the removal procedure, in some ways to the benefit of defendants, as follows.

Premium Content For:
  • Litigation Section
Join - Now