Corporate defendants sued in state court often reflexively seek removal to federal court because they believe it is a more fair and efficient forum. In contrast, plaintiffs generally fight removal because they view state court as a friendlier venue. Because both sides perceive venue as being outcome determinative, removal is often the first battle in complex commercial litigation. Despite its apparent simplicity, however, the removal process remains a minefield for the uninitiated, rife with potentially disastrous procedural pitfalls.

Determining when the 30-day removal clock begins to run — particularly in complex, multiparty litigation — is one such pitfall that has not only confused litigants, but also split the lower federal courts. In a recent decision, Delalla v. Hanover Ins., 660 F.3d 180 (3d Cir. 2011), the United States Court of Appeals for the Third Circuit became the latest court to join the debate on this issue, ruling that each defendant in a multidefendant lawsuit has 30 days from when it was served to seek removal. However, this approach has not been universally accepted by its sister courts. Rather, it is only one of three different rules established by various circuit courts. Unless the removal statute is amended to eliminate the source of this split, or the Supreme Court intervenes to resolve it, attorneys practicing in different jurisdictions must understand which of these three different rules applies in the jurisdiction in which their particular matter may be pending.

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