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CEB has my article, “Super snap removals’ not permitted in Ninth Circuit”

Tim Kowal     May 2, 2024

CEB DailyNews has published my article, “Super snap removals’ not permitted in Ninth Circuit.”

Where federal jurisdiction is based on diversity as in Casola v. Dexcom, Inc., No. 23-55403 (9th Cir. Apr. 10, 2024), a home-state defendant cannot remove. 28 U.S.C. § 1441(b)(2). But that defect is deemed waived if the plaintiff does not seek remand within 30 days of the removal. The rule only apples to a “served” defendant, though, so if you remove before service, that “snap removal” might be effective.

But what if you remove before the complaint is even filed? The Ninth Circuit holds that this “super-snap removal”—filed while the clerk is still processing the filing—is not effective.

Notably, however, the panel did not decide what happens to regular “snap removals”—that is, where the complaint has been accepted as filed, but the defendant files a notice of removal before service. So if you’re minded to remove and your a home-state defendant, keep an eye on the docket.

The original article is here.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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