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March 03, 2008

Your business client is a defendant in a state court.

And the client is wary of state courts. So consider removal to a federal court under 28 USC 1441, "Actions removable generally". More cases are removable than you might think. For removal based on diversity, generally it's either there or not there from the face of the complaint. Federal question removals are trickier. You can be creative--but do see Rule 11. Think and act quickly; there are deadlines.

Posted by JD Hull at March 3, 2008 11:59 PM


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