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Case Study: Delalla V. Hanover Insurance

Publisher: Law360
October 20, 2011

Law360 published an article by Joy Sperling and Denise Rosenhaft, which looked at a recent Third Circuit ruling on how to interpret the beginning of the 30-day period for removal of a lawsuit from state court to federal court when multiple defendants are involved. Circuit courts are generally split on the issue, but in this instance the Third Circuit joined the Sixth, Eighth, Ninth and Eleventh circuits in holding that each defendant has its own 30-day period to file a notice of removal (the "later-served" rule). This is the first time the Third Circuit has addressed this issue in a precedential opinion.