And They’re Off! Snap Removal: “A Race to the Courthouse”

June 2022Articles

The excitement of a horse race builds as fans watch horses and their jockeys enter the gate, eagerly awaiting the famed call – “And they’re off!” Just like a jockey poised at the starting gate of a horse race, a good defense attorney knows that as soon as a plaintiff files a complaint, the race is on to best position the case before the first turn. One of the greatest practical challenges corporate defendants face in early litigation is the prospect of a hostile forum. Many plaintiffs’ attorneys recognize the value of bringing their lawsuit in state court, a forum often acknowledged as more hostile to large corporations and manufacturers. As a result, defense attorneys must assess the prospect of removal to federal court very early in the life of the case.