Third Circuit Permits Removal to Federal Court By A Forum Defendant Before Formal ServiceOn September 13, 2018 by Schnader
Brittany C. Wakim published “Why The 3rd Circuit Allowed Removal In Encompass” on Law360, assessing the impact of this precedential opinion for jurisdictional and removal issues.
“In what appears to be the first ever appellate court ruling on the issue, the U. S. Court of Appeals for the Third Circuit has held 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. Encompass Ins. Co. v. Stone Mansions Restaurant Inc. is an important decision for businesses and others to closely examine.”