Litigation partners Brian Gross and Kristi Young share insights on MG+M's Defense Litigation Insider blog about Ninth Circuit's newly developed "unequivocally clear and certain standard" for removal

October 19, 2021

On October 1, 2021, the Ninth Circuit Court of Appeals ruled in favor of MG+M client The Boeing Company (“Boeing”) in an appeal of an order that remanded the case to state court. The Ninth Circuit reversed the district court’s remand order and adopted Boeing’s argument that the thirty day removal clock is not triggered until “an amended pleading, motion, order, or other paper” makes the grounds for removal “unequivocally clear and certain.” MG+M’s tireless efforts and aggressive advocacy achieved a huge win for its client and established a new standard for removal under 28 U.S.C. § 1446(b)(3) which will provide clarity to all litigants moving forward. The MG+M team was led by partners Brian Gross, Brent Karren, John Hugo, and Kristi Young. The case is Dietrich v. Boeing, No. 19-56409 (9th Cir.).

Read more about this precedent-setting case and the Ninth Circuit’s “unequivocally clear and certain” standard on the Defense Litigation Insider blog here.

Boston, MA
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Brian D.
San Francisco, CA
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Kristi L.K.