As mass tort litigators, we are no strangers to seeing our clients get sued by opportunistic plaintiffs who attempt to keep their cases in state courts by suing these clients on their home turf. But time and time again, we are surprised that litigators outside of the mass tort context are unaware of a defense tactical strategy that can land their clients in federal court more often.
That a defendant can remove a state court action to federal court, would probably not be viewed as anything the out of the ordinary or unusual to most litigators. However, that a defendant—under certain circumstances—can remove a case to federal court prior to being served, might be a strategic practice that is less known and by extension, less utilized.
