August 31, 2009
Pre-Service Removal to Avoid Removal Limitation Based on In-State Defendant
Drug & Device Law analyzes a recent federal decision denying remand when one defendant is a citizen of the state where the action was originally filed, but that defendant had not yet been served at the time of removal. Because the plaintiff was from out of state, diversity jurisdiction existed; but federal rules prevent removal if one of the defendants "joined and served" (emphasis added) is a "citizen of the State in which such action is brought."
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