May 23, 2017 Articles

Removal Jurisdiction: Strategic Considerations for the Fraudulently Joined Defendant

Counsel sometimes forget that the real battle is fought in opposing remand—not in initially removing the case.

By Jordan Redmon

Defense lawyers and their clients often prefer to litigate in federal court rather than state court. Some tout the streamlined procedure and well-qualified bench; others, with an eye toward trial, appreciate the broader region from which jurors are drawn. Out-of-state corporate defendants are notoriously state court averse, perhaps because they fear being “hometowned” by a well-connected plaintiff attorney and state court judge and jury.

Regardless of the motivation for litigating in federal court, removing suits originally filed in state court is an important skill in any defense counsel’s repertoire—particularly so when dealing with the fraudulently joined defendant designed to defeat removal.

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