Thursday, July 25, 2019

Deadline to Remove Case to Federal Court Tied to Filing of Complaint, Not Writ of Summons

In the case of McLaughlin v. Bayer Essure, Inc., No. 14-7315 (E.D. Pa. May 24, 2019 Padova, J.), the court denied a Motion to Remand a federal court case back to state court.  

In denying this Motion to Remand, the federal court noted that, although Pennsylvania state law allows for the service of a Writ of Summons without an accompanying Complaint, service of a mere Writ of Summons in the state court does not affect any deadline for removal to federal court.

The federal court emphasized that the only document that that counts with regards to the deadline for the removal of a case to federal court is the Complaint.  

The Court's Opinion can be viewed at this LINK. The court's Order can be viewed HERE.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.   Attorney Beck writes the excellent Drug and Device Law blog.   

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