The decision came down in the case of Encompass Insurance v. Stone Mansion Restaurant, No. 17-CV-1749 (3d Cir. Aug. 22, 2018) (Op. by Chagares, J.).
According to an article entitled “‘Snap’ Removal Given
Green Light by Third Circuit” by Max Mitchell in the August 30, 2018 edition of
the Pennsylvania Law Weekly, snap
removals most often occur in cases where there are no multiple Defendants. Such snap removals occur when Defendants get
wind of a lawsuit that has been filed before they have been fully served by the
Plaintiffs. This is typically accomplished by the Defendant by monitoring the
electronic dockets. Once they learn of
the suit, Defendants then seek to remove the case to federal court arguing
that, since they have not yet been “properly served,” they are not yet barred
from removing the case.
As noted, this procedural strategy has been approved by the Third Circuit in this decision, which can be viewed online HERE.
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