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ARTICLE · 20 JANUARY 2012

Recent Amendments To Federal Removal Statutes Create New Possibilities And Potential Pitfalls For Litigators

Reed Smith
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Litigators should be aware of recent noteworthy amendments to the federal removal statutes.

United StatesLitigation, Mediation & Arbitration
Colin Wrabley
Colin Wrabley
Richard Heppner, Jr.
Richard Heppner, Jr.
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Litigators should be aware of recent noteworthy amendments to the federal removal statutes. 28 U.S.C. §§ 1441, 1446. The removal amendments, brought about by the Federal Courts Jurisdiction and Venue Clarification Act of 2011, PL 112-63, December 7, 2011, 125 Stat 758, apply to all actions "commenced" in state court on or after January 6, 2012. The first change resolves a circuit split over the time for removal in a case involving multiple defendants, where each defendant is not served at the same time. The second change strips federal district courts of removal jurisdiction they previously possessed over state law claims not within the court's original or supplemental jurisdiction. These changes present litigators with significant tactical choices and opportunities.

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