Starbucks is known to many of its aficionados for its grand selection of coffees but it was a cup of tea, literally, that got it into hot water with Rachel Moltner, a 76-year-old New York resident. Little did Starbucks or Ms. Moltner know on Feb. 19, 2008, what the spillover effects would be—that the events involving them would result in a significant ruling by the U.S. Court of Appeals for the Second Circuit nearly three years later that would clarify the timing of removal of state court lawsuits to federal court.
The Nov. 2 ruling is called Moltner v. Starbucks Coffee Co.1 It is a short, per curiam opinion, barely occupying four Federal Reporter pages, but it packs a wallop and, for litigators, can jolt the reader into wakefulness perhaps faster than an early a.m. Starbucks brew. For those who prefer to be in state court and shun the federal forum, Moltner is an important alert. For those who want out of the state venue and find more comfort in federal proceedings, the new ruling is must reading. As for Ms. Moltner’s saga, so far as we know, the case is still brewing and the ending has yet to be written.
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