Third Circuit Joins Majority on Time for Removal

Oct. 18, 2011, 4:00 AM UTC

The 30-day period under 28 U.S.C. § 1446(b) for filing of the notice of removal of a civil action begins to run separately for each defendant after service upon them of the initial pleading setting forth the claim, the U.S. Court of Appeals for the Third Circuit held Oct. 12. The court, which had not previously addressed the issue in a precedential opinion, noted that Section 1446(b) specifies that the notice be filed “within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting for the claim for relief[.]” ...

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