Paper Chase: Winning The Removal Race

Law360, New York ( November 21, 2014, 11:17 AM EST) -- On Oct. 24, in Romulus v. CVS Pharmacy Inc., a wage-and-hour putative class action, the United States Court of Appeals for the First Circuit became the latest circuit to weigh in on issues relating to the deadlines, and the documentary support necessary, for removal of actions to federal court.[1] In Romulus, the court held that a pleading or other paper on which the removal is based must provide the defendant with "sufficient information to easily determine that the matter is removable." Moreover, an email from plaintiffs can provide an "other paper" basis for removal even if the email relies on information provided by the defendant itself in discovery....

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