The 3rd U.S. Circuit Court of Appeals has ruled that in cases where multiple defendants are served on different days, the defendants each have 30 days from the time they’re served to file a notice of removal from state court to federal court.

The issue has split the federal circuits, with the 4th and 5th circuits adhering strictly to the rule that the 30-day clock starts ticking for all defendants as soon as the first defendant is served, and the 6th, 8th, 9th and 11th circuits holding that each defendant has a 30-day period that begins only when that defendant is served.

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