Oh, Snap (Removal)

Litigation attorney Eric Alexander published a blog for Drug & Device Law reviewing a case in Delaware state court involving so-called "snap removal." Defendants rely on this tactic to remove a case from state to federal court before an in-state defendant is formally served; the forum defendant rule would typically prevent removal to federal court in cases with an in-state defendant. Mr. Alexander explains how a 1999 U.S. Supreme Court decision, Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., set the stage for an influx of snap removals by finding that the time for removal begins with formal service instead of informal receipt of a complaint. He then analyzes the case Higgins v. Novartis Pharms. Corp., which provides a straightforward application of snap removal and shows how this area of law has changed, particularly for litigation against drug and device manufacturers.

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