In an article for the International Association of Defense Counsel’s Product Liability Committee Newsletter, Brian Gross and Kristi Young discuss a recent ruling by the US Court of Appeals for the Ninth Circuit that established a new "unequivocally clear and certain" standard to determine when the 30-day removal clock is triggered. This new standard will bring clarity to the issue of when facts are sufficient to trigger removal.
Excerpt: On October 1, 2021, the Ninth Circuit Court of Appeals ruled in favor of the appellant in an appeal of an order that remanded the underlying case to state court. The Ninth Circuit reversed the district court’s remand order and adopted the appellant’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.”
Read the full article.