The Appealability of Remand Orders Can Affect Removal Strategy

Litigation attorney Eric Alexander authored a Drug & Device Law article discussing the strategic implications of removal and remand orders in product liability cases, particularly in multidistrict litigation (MDL). The article examines the U.S. Supreme Court's decision in BP P.L.C. v. Maor & City Council of Balt. and its application in Codman & Shurtleff Inc. v. Medical Device Bus. Servs. Inc. Mr. Alexander highlights the importance of invoking federal officer removal (28 U.S.C. § 1442) in initial removal papers to preserve the option of appealing remand orders. He advises that this strategy can be crucial for defendants seeking to maintain federal jurisdiction in diverse cases, even when the primary basis for removal is diversity jurisdiction.

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