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From State Court to Federal Court in a "Snap" 2020

Product ID: CA3083D
Presented By: State Bar of Wisconsin PINNACLE

Clear and unambiguous statute? The courts are undecided

The forum defendant rule has been on the books since 1948, but until 2018, no federal appellate court had definitively ruled on whether removal to federal court is permissible if the forum defendant has not been served. However, in the last two years, three federal jurisdictions have allowed “snap removal” – and garnered Congressional attention in the process.

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OnDemand seminar

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Member $89.00

Non-Member $139.00

Credits

1 CLE

Upon purchase, this OnDemand program is available to view for 90 days.

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Clear and unambiguous statute? The courts are undecided

The forum defendant rule has been on the books since 1948, but until 2018, no federal appellate court had definitively ruled on whether removal to federal court is permissible if the forum defendant has not been served. However, in the last two years, three federal jurisdictions have allowed “snap removal” – and garnered Congressional attention in the process.

Read More ↓

Deborah Machalow is an attorney in Godfrey & Kahn’s Litigation Practice Group where she focuses on complex civil litigation matters. Prior to joining the Madison firm, Deborah was a law clerk to the Honorable William M. Conley of the U.S. District Court, Western District of Wisconsin. Before that, she served as a summer associate at Skadden, Arps, Slate, Meagher & Flom, LLP in New York.

Allison W. Reimann is a shareholder in Godfrey & Kahn’s Madison office. Allison’s diverse practice focuses on complex civil litigation and government and internal investigations, with a particular focus on the areas of antitrust, health care, and white collar defense. A substantial portion of Allison’s practice is in the area of antitrust, including litigation, corporate counseling, and mergers and acquisitions. Allison’s antitrust litigation experience includes individual and class actions brought under federal and state antitrust laws for alleged agreements in restraint of trade, monopolization, and other exclusionary conduct. Allison also frequently assists other law firms as local counsel in Wisconsin courts.

Prior to joining Godfrey & Kahn, Allison practiced health care litigation and antitrust litigation at Sidley Austin LLP in Chicago for six years. She also was a law clerk for the Honorable William C. Canby, Jr. of the Ninth Circuit Court of Appeals.

  • Learn the status of the forum defendant rule
  • Examine the likelihood of Congress amending the removal statute
  • Receive practice pointers for “snap removal” in the current landscape
  • All litigators
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