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It is no secret that many, if not most, defendants—particularly corporate defendants—would prefer to litigate in federal court rather than state court, if given the choice. Federal court is perceived to have various advantages over state courts, including more geographically diverse jury pools, a potentially greater chance of winning a motion to dismiss or summary judgment motion, and a more structured discovery format under the Federal Rules of Civil Procedure. For all of these reasons, removal of a state court lawsuit to federal court can be a powerful tactical weapon in any defendant’s arsenal. A bill recently introduced in Congress, however, would effectively eliminate one avenue to federal court removal that has become increasingly favored by corporate defendants—so called “snap” removals. The progress of this bill will, accordingly, merit close monitoring in the months ahead.

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