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 in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
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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