Stark & Stark Shareholder Craig S. Hilliard authored the article "What To Do When Your Case Is ‘Removed’ to Federal Court," published in the New Jersey Law Journal on May 27, 2013.
The article discusses the steps necessary to take following the removal of a case to a federal district court. Mr. Hilliard addresses the following questions:
- Does the federal district court have jurisdiction?
- What about motions or other applications which were pending in the Superior Court at the time of removal?
- What if a defendant has not been served at the time of removal?
- When must the defendant respond to the complaint?
- When must the demand for a jury be made?
- Do the Superior Court’s orders issued before removal continue in effect after removal?
- Can the plaintiff recover fees and costs if a defendant filed an improper removal petition?
Mr. Hilliard explains, "The need for a prompt and accurate assessment of options following the filing of a removal petition should be apparent. There is no real shortcut around a review of the removal statutes, to determine initially if the district court has jurisdiction. Even if that determination does not lead to a remand to Superior Court, it is equally important for even veteran state court litigators to examine and understand the significant, and sometimes subtle, differences between state and federal practice, to effectively represent a client in the district court."
To read the full article, click here.
