Litigating in Federal Court after Removal | Practical Law

Litigating in Federal Court after Removal | Practical Law

Scenarios to test your knowledge of post-removal procedure in federal court.

Litigating in Federal Court after Removal

Practical Law Legal Update 1-523-4630 (Approx. 3 pages)

Litigating in Federal Court after Removal

by PLC Litigation
Published on 17 Jul 2013 • USA (National/Federal)
Scenarios to test your knowledge of post-removal procedure in federal court.
Removal is a particularly complex area of the law. Whether you've removed one case to federal court or 100, chances are good that at some point you'll confront an issue you haven't seen before. For example, you may be an expert on the process of removing a case to federal court, but how comfortable are you with the issues that can arise immediately after removal? Consider these scenarios:
  • The removing defendant moves to dismiss the plaintiff's state-court complaint for failure to state a claim. What pleading standards will govern the federal court's analysis? Twombly and Iqbal or the state court's pleading standards?
  • The state court issued a temporary restraining order (TRO) before the defendant filed its removal papers. Will the TRO remain in effect after removal? If so, for how long?
  • The defendant timely removed the case to federal court. However, it failed to timely file an answer (or a pre-answer motion) while the case was pending in state court. Does the defendant get more time to file its answer after removal?
  • After removing the case, the defendant realizes that its notice of removal is deficient. Can it amend the notice? If so, what is the time frame for doing so? And are there any limits on what information the amended notice of removal can contain?
For answers to these questions and more, see Practice Note, Removal: Post-Removal Procedure.