Suggested Strategies For Defeating Removal To Federal Court When There Is Complete Diversity
Apr 1, 2011
When litigation is necessary, a plaintiff has the right to choose the forum. As an initial matter, plaintiff's counsel should consider the law and facts of the case and decide whether state or federal jurisdiction is best for the client's cause. Many times, federal court will be a preferable forum. However, for a number of reasons, including litigation expenses, ease of case preparation through formal discovery, avoidance of strict federal court pleading and discovery requirements, avoidance of Daubert requirements regarding expert testimony, and the opportunity for an earlier trial date, state court may be preferable. This article addresses the strategies a litigant can employ to reduce the chance of removal when there is simply no viable local defendant.