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Full-Text Articles in Civil Procedure
Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat
Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat
Faculty Scholarship
This article is the first academic defense of pre-service removal in diversity cases by forum-state defendants under the “properly joined and served” language of 28 U.S.C. § 1441(b). Pre-service removal has proliferated nationally in recent years. Appellate courts, however, have been silent on the issue for two reasons: First, orders that remand a case to state court are statutorily non-reviewable on appeal. Second, cases retained in federal court and litigated to final judgment are highly unlikely, for reasons of judicial economy, to be voided for de novo readjudication in state court. After tracing the development of the removal statute and …
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
Faculty Scholarship
The Civil Rules Advisory Committee has recently proposed the most significant revisions to Rule 56 since the Federal Rules of Civil Procedure were adopted seventy years ago. Although the stated goal of the proposed amendments is laudable - "to improve the procedures for making and opposing summary-judgment motions, and to facilitate the judge's work in resolving them" - this Essay in the Northwestern University Law Review Colloquy identifies some unanticipated problems with the proposed text. Contrary to the Advisory Committee's intent, the proposed text may inadvertently make substantial changes to the summary-judgment standard and the burdens on litigants at the …