Less Snap Back After A Quick Snap Removal: Third Circuit Approves Snap Removals Before Forum Defendant ServiceOn February 14, 2019 by Schnader
J. Denny Shupe and Brittany C. Wakim published “Less Snap Back After A Quick Snap Removal: Third Circuit Approves Snap Removals Before Forum Defendant Service” in the Air & Transportation Law Reporter of the International Air & Transportation Safety Bar Association.
“The Third Circuit Court of Appeals, a federal court with appellate jurisdiction over the district courts of Delaware, New Jersey, Pennsylvania, and the Virgin Islands, recently held that the Forum Defendant Rule does not bar defendants from removing cases to federal court before the forum defendant is formally served.
In what appears to be the first ever appellate court ruling on the issue, the court in Encompass Ins. Co. v. Stone Mansions Restaurant, Inc., No.: 17-1479, 2018 WL 3999885 (3d Cir. Aug. 22, 2018) has adopted a plain-meaning approach to the ‘properly joined and served’ provision of the removal statute by holding that the Forum Defendant Rule does not prohibit a defendant from removing a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant.”