Sunday, October 2, 2022
HomeInsurance LawOh Snap! Snap Removal is Not All it’s Cracked Up to Be

Oh Snap! Snap Removal is Not All it’s Cracked Up to Be


Hunton commercial litigators and insurance recovery lawyers teamed up to address the intricacies of snap removal – a strategy being employed by insurers and other litigants with increasing frequency.  The technique is designed to defeat the forum-defendant rule that permits a plaintiff to bring its case in state court when suing a defendant in the defendant’s own home state.  However, some courts to confront this maneuver have rejected its use, disallowing a savvy defendant to effect an end-run on the forum-defendant rule by promptly removing a state court lawsuit before an in-state defendant is “properly joined and served.”  A recent Massachusetts Lawyers Weekly article written by Christopher Cunio, Nicholas Stelakis and Veronica Adams discusses the tension that is emerging on this issue and how courts have addressed it.

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