June 27, 2018 Top Story

New Trigger for Determining Removal Deadline

Fifth Circuit extends deadline in cases where basis for removal arises during deposition

By Geoff A. Gannaway

Discovery of a basis for removal during deposition does not necessarily start the 30-day clock to file removal papers.

iStockphoto by Getty Images

Although some circuits have held the federal removal statute is triggered as soon as a witness gives relevant testimony, the U.S. Court of Appeals for the Fifth Circuit recently muddied the waters by allowing a defendant 30 days from the date it received a transcript of the testimony in question. ABA Section of Litigation leaders warn of questions left unanswered by the opinion and opportunities for gamesmanship.

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