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Absurd Overlap: Snap Removal And The Rule Of Unanimity, Travis Temple
Absurd Overlap: Snap Removal And The Rule Of Unanimity, Travis Temple
William & Mary Law Review
Snap removal employs “a literalist approach” to the statute governing the procedural mechanism for removing cases from state court to federal court. In a typical removal scenario, defendants sued in state court would have the option to be heard in federal court instead, given that certain conditions are satisfied. [S]nap removal essentially allows the defendants to forego a condition that would bar removal if they can file before the plaintiff formally notifies them of the lawsuit. This practice of removing a case before being served with formal process—essentially an act of gamesmanship of the civil procedure system—has gained appellate support …
On Removal Jurisdiction's Unanimous Consent Requirements, Adam R. Prescott
On Removal Jurisdiction's Unanimous Consent Requirements, Adam R. Prescott
William & Mary Law Review
No abstract provided.