Appellate Practice
May 27, 2006
Delaying Tactic du Jour Fails to Remove Matter de Jure
Focus Column - By Benjamin G. Shatz - A common defense tactic in litigation is to inject procedural complication to delay reaching the merits. One typical stratagem in that regard is to remove a case from state to federal court.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
A common defense tactic in litigation is to inject procedural complication to delay reaching the merits. One typical stratagem in that regard is to remove a case from state to federal court. The snag with that approach, however, is that without grounds for federal jurisdiction, the delay will be short-lived.
The removal and remand process moves at a fairly quick pace, and district court judges jealously protect their limited jurisdiction. A crafty defense lawyer, recognizing the...
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