Removal: Overview

by Practical Law Litigation

A Practice Note that provides an overview of the fundamental issues to consider when removing a case from state court to federal court. This Practice Note examines the key procedural and strategic aspects of removal, including which parties may remove, what types of cases are removable, and the proper timing and venue for removal. It addresses the statutory framework under 28 U.S.C. §§ 1441 to 1455, the jurisdictional bases for removal such as federal question and diversity jurisdiction, and statutory exceptions for non-removable actions. This Practice Note also explores strategic reasons for removal, highlighting the potential advantages of federal court concerning judges, jury pools, pleading standards, and discovery rules for experts and nonparties. It discusses significant rules and case law impacting removal decisions, such as the forum defendant rule, pre-service or "snap" removal, and the US Supreme Court's decision in Home Depot USA v. Jackson, 139 S. Ct. 1743 (2019), which limits removal by third-party counterclaim defendants.