I wrote recently on the surprising interest many lawyers have in removal and remand issues, and wanted to add to the database a recent order from Judge Mazzant in Sherman providing his take on removal caselaw.
I had an old law school professor tell me once that the number one thing most lawyers wanted to know about federal court was how to get out, and thus if I really wanted to make friends I should focus on removal and remand in my “federal update” papers. I then had an even older partner once tell me that it’s a fool’s errand to try to persuade a judge that they made a mistake.
Thus a case in which a party not only succeeded in getting out of federal court via a successful remand, but by way of convincing a court that its prior order denying remand was erroneous would be of interest, no? Well, that’s what we have in this case arising out of a fatal Florida auto accident