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Third Circuit Permits Removal to Federal Court by Unserved Resident Defendant
Based on the Third Circuit's decision in Encompass Insurance, it is entirely proper for defendants to electronically monitor state-court dockets to identify new lawsuits, and to preemptively remove diverse cases to federal court before the plaintiffs can serve in-state defendants whose presence would otherwise preclude removal under §1441(b)(2) in state court cases filed in Delaware, New Jersey, Pennsylvania and the Virgin Islands.Mitigating Energy Litigation Where Gaps in Jurisprudence Exist
While oil and gas litigation is now back on the Appalachian court dockets, gaps in the jurisprudence could lead to potential pitfalls for the unwary.Deal Wrap: Texas Energy Deals Keep Big Firms Busy This Summer
Three multibillion-dollar energy deals involving Texas companies are expected to close by year-end.MS4 Requirements and the Impact to (and Upside for?) Developers
The most recent round of permits for small municipal separate storm sewer systems (MS4s) in Pennsylvania requires municipalities with MS4s to regulate stormwater in a manner that will impact development.Drinker Biddle Class Action Defense Team Jumps to Akin Gump
The bicoastal group includes Drinker's Philadelphia-based litigation chair and a former managing partner of the firm.Former Drinker Biddle Class Action Vice Chair Michael Stortz Joins 5-Partner Move to Akin Gump
The bicoastal group includes Drinker's Philadelphia-based litigation chair and a former managing partner of the firm in addition to Stortz, who is based in San Francisco.Rule of Capture Doesn't Apply to Fracking, Superior Court Says
In a published opinion issued April 2, a two-judge panel of the court reversed a Susquehanna County trial judge's decision granting summary judgment to defendant Southwestern Energy Production Co. on claims of trespass and conversion by a group of property owners.Getting Your Company's Case Removed to Federal Court When Sued in Your 'Home' State
It's no secret that companies sued as defendants generally prefer to litigate in federal court, not state court. Federal courts are presumed to be more predictable, more transparent, and less subject to local biases than state courts.Ohio Joins Pennsylvania in Adopting the 'At-the-Well' Rule
The majority rule in oil and gas producing jurisdictions is the “at-the-well” rule, pursuant to which an oil and gas producer applies the net back method to determine the value of gas at the well for royalty calculation purposes, where the gas is sold downstream of the well.Trending Stories
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