One of the benefits of being a plaintiff is having the ability to select the forum for bringing suit. The removal statute, 28 U.S.C. Section 1441, permits a defendant, in certain situations, to transfer a case from state court to federal court. Defense counsel may have a number of different reasons for wanting to remove a case to federal court, such as obtaining a different jury pool, more active case management by a magistrate judge or to avoid perceived prejudices from litigating in certain state courts.
For example, an insurance company sued in Louisiana state court on a Hurricane Katrina claim may feel more comfortable knowing that if the case is in federal court, the Fifth Circuit Court of Appeals is sitting in the background. While a defendant in a personal injury case in West Virginia state court would have a comfort level knowing that the Fourth Circuit Court of Appeals is available to remedy a runaway jury’s verdict.
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