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 plaintiff‚Äôs 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.