TT&H Attorney Pete Schurig Successfully Opposes Motion to Remand

TT&H Attorney Pete Schurig recently prevailed in keeping a matter in federal court after the Plaintiff moved to remand the matter back to state court.  The Western District of Virginia, in a matter first impression, ruled that the defense tactic of “snap removal” is permissible and does not violate the “Forum Defendant Rule.”

On behalf of the Defendant, two days after the Complaint was filed in Lynchburg Circuit Court, but before the Defendant was served, Pete removed the matter to the Western District.  Plaintiff then filed a Motion to remand, arguing the Forum Defendant Rule prohibited removal because the Plaintiff is a Tennessee citizen, while the Defendant is a Virginia citizen, or a forum defendant.  At issue before the Court was whether the language in 28 U.S.C. § 1441(b)(2) barring removal “if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought” precludes pre-service snap removal by a forum defendant.  While the Court of Appeals for the Fourth Circuit has not yet weighed in on snap removal, in his Memorandum Opinion, Judge Moon sided with Pete, citing three federal court decisions that upheld snap removal.  Specifically, and as briefed by Pete, the removal statute’s intent is to prevent discrimination against out-of-state parties in state courts.

Questions about this case can be directed to Pete Schurig at (804) 533-5292 or pschurig@tthlaw.com.