January 5, 2012

New Year’s Cheer: A Defendant’s Removal Wishlist Fulfilled

Summary: On December 7, 2011, President Obama signed into law a rare expansion of removal rights for defendants in the “Federal Courts Jurisdiction and Venue Clarification Act of 2011,” H. R. 394, P.L 112-63 (the “Act”). The Act, which will take effect on January 6, 2012, contains significant changes to the removal statute that will clarify the rules concerning the timing of removal, determinations of amount in controversy, and venue. The new provisions will apply to all lawsuits commenced in state court on or after that date.

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