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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]