In a case involving an issue of first impression in the Eleventh Circuit, Spotswood Sansom & Sansbury LLC assisted in removing a case to federal court following a prior, unsuccessful removal. Spotswood attorneys developed the argument for the second removal, which was based on the absence of any duty for a co-defendant to investigate the removability of the case. The district court agreed, upholding the second removal under the Class Action Fairness Act, and the Eleventh Circuit rejected the plaintiffâ€™s request for an interlocutory appeal.
Spotswood attorneys also successfully removed federal claims filed in a purported third-party complaint in state court. The firm represented a third-party defendant, and the removal required first removing the entire action and then severing and remanding the claims arising under state law. Spotswood Sansom & Sansbury has the experience and know-how to conceptualize and deploy original solutions to complex litigation problems.