Cravath partners Evan R. Chesler and Stephen S. Madsen co-authored a chapter, entitled “Removal to Federal Court,” that appears in the Third Edition of Commercial Litigation in New York State Courts, published by Thomson West, a division of Thomson Reuters.
The chapter provides a review of the removal and remand processes in all types of actions, discussing the background of the right to remove, the procedural requirements of and bases for both removal and remand, reasons why a defendant may want to remove to federal court or remain in state court and methods by which a plaintiff may attempt to defeat or prevent removal. The chapter concludes by giving a checklist and examples of forms used in seeking removal or remand of an action.