In a lengthy analysis of the law and protocol for removing a case to federal court, a Western District judge has retained jurisdiction of a matter that began as a state court dispute in Texas, moved to the Texas federal court and eventually found its way to Rochester, N.Y.
District Judge David G. Larimer said that because the plaintiff amended and substantially changed the complaint, the judicially created “revival exception” permits the defendant to remove the case even though it did not comply with the rule under 28 U.S.C. §1446 that requires defendants to file notice of removal within 30 days.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
