Snap Removal - National Case Law

By State and Federal District

Last Updated: September 20, 2021 

Generally, the forum defendant rule precludes removal of a case to federal court where at least one of the named defendants is a citizen of the state where the action was filed. In some jurisdictions, however, a case that includes a forum defendant may nevertheless be removed to federal court when the removal is effectuated before the forum defendant is served. This procedure is known as “snap removal.” Snap removal is not a universally accepted practice, though, and the rules vary by jurisdiction. Due to the lack of uniformity, we have compiled a snapshot of the existing snap removal caselaw in one place, and this resource will be updated as new caselaw is rendered. To find the snap removal rules in your jurisdiction, simply click on the state that contains your district in the interactive map below.

Content is Not Legal Advice: The information offered in this marketing piece does not constitute legal advice. The specific advice of legal counsel is recommended before acting on any matter discussed herein.

Select A State

2nd Circuit Court

UPHELD VIA CIRCUIT COURT OPINION
2nd Cir. Gibbons v. Bristol-Myers Squibb Co., __ F.3d __, 2019 WL 1339013 (2d Cir. Mar. 26, 2019) Upheld snap removal (forum defendants removed case before any defendant was served) 2019

3rd Circuit Court

UPHELD VIA CIRCUIT COURT OPINION
3rd Cir. Encompass Insurance Co. v. Stone Mansion Restaurant, Inc., F.3d, 2018 WL 3999885 (3d Cir. Aug. 22, 2018)  Upheld snap removal for forum defendants and non-forum defendants (forum defendant (and only defendant in case) removed before being served, and even after sitting on acceptance of service until after removal) 2018

5th Circuit Court

UPHELD VIA CIRCUIT COURT OPINION
5th Cir. Texas Brine Co. v. Am. Arbitration Assoc., 955 F. 3d 482 (5th Cir. 2020) Upheld snap removal ("A non-forum defendant may remove an otherwise removable case even when a named defendant who has yet to be 'properly joined and served' is a citizen of the forum state.") 2020

11th Circuit Court

UPHELD VIA CIRCUIT COURT OPINION
11th Cir. Goodwin v. Reynolds, 757 F.3d 1216, 1221 (11th Cir. 2014) Rejected snap removal (forum defendant removed before any defendant was served) 2014

Alabama

DISTRICT SPLIT
UPHELD SNAP REMOVAL BY FORUM DEFENDANT VIA DISTRICT COURT OPINION (no split)
UPHELD VIA DISTRICT COURT OPINION (no split)
Northern District - Split within District Bowman v. PHH Mortg. Corp., No. 2:19-cv-00831-AKK, 2019 WL 5080943, at *2–3, *6 (N.D. Ala. Oct. 10, 2019), appeal docketed, No. 19-14041 (11th Cir. Oct. 11, 2019) Rejected snap removal (non-forum defendant removed before any defendants were served; court adopted approach where at least one defendant must have been properly joined/served before removal when forum defendant is involved) 2019
Goodwin v. Reynolds, 2012 WL 4732215, at *2 (N.D. Ala. Sept. 28, 2012) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2012
Middle District Panthmanathan v. Jackson Nat. Life Ins. Co., 2015 WL 4605757, at *1 (M.D. Ala. July 30, 2015) Upheld snap removal (non-forum defendant removed before forum defendants were served) 2015
Southern District Lemley v. Midwest Automation, Inc., 2009 WL 1211382, at *1 (S.D. Ala. May 1, 2009) Upheld snap removal (forum defendant removed only a minute before it was served) 2009

Alaska

UPHELD VIA DISTRICT COURT OPINION (no split)
District Seeds v. ERA Alaska, 2013 WL 11311389, at *3 (D. Alaska Nov. 4, 2013) Upheld snap removal (non-forum defendant removed before forum defendant was served, court noted that statute allows defendants to remove before Plaintiff serves forum defendants) 2013

Arizona

REJECTED VIA DISTRICT COURT OPINION (no split)
District Rogers v. Gosney, 2016 WL 4771376, at *3-4 (D. Ariz. Sept. 14, 2016) Rejected snap removal ("status as an in-state defendant precludes removal jurisdiction, absent evidence of fraudulent joinder") 2016
Translavina v. MDS Pharma. Servs. Inc., 2011 WL 2132880, at *1 (D. Ariz. May 27, 2011) Rejected snap removal by non-forum AND forum defendants 2011

Arkansas

HAS NOT ADDRESSED ISSUE
Eastern District Does not appear to have addressed the issue
Western District Does not appear to have addressed the issue

California

DISTRICT SPLIT
DISTRICT SPLIT - UPHELD REMOVAL BY FORUM DEFENDANT
UPHELD VIA DISTRICT COURT OPINION (no split)
Central District - Split within District Zirkin v. Shandy Media, Inc., 2019 WL 626138, at *2-4 (C.D. Cal. Feb. 14, 2019) Upheld snap removal (forum defendants removed before being served) 2019
Mohammed v. Watson Pharm., Inc., 2009 WL 857517, at *3 (C.D. Cal. Mar. 26, 2009) Rejected snap removal (non-forum defendant removed before any defendant had been served) 2009
Eastern District Split within District Morris v. Alza Corp., 2010 WL 2652473, at *2 (E.D. Cal. July 1, 2010) Rejected snap removal (non-forum defendant removed prior to forum defendant being served) 2010
May v. Haas, 2012 WL 4961235, at *2-3 (E.D. Cal. Oct. 16, 2012) Upheld snap removal (non-forum defendant removed before forum defendant was served, but court noted that removal occurred 28 days after complaint was filed and defendant had not raced to courthouse - i.e. no gamesmanship) 2012
Northern District - Split within District Loewen v. McDonnell, 2019 WL 2364413, at *7-10 (N.D. Cal. June 5, 2019) Upheld snap removal (forum defendant removed before any forum defendant had been served) (Note - court also noted that district has "consistently held a defendant may remove an action prior to receiving proper service, even when the defendant resides in the state in which the plaintiff filed the state claim" and that the district has not been perfectly consistent in its approach to 1441b2) 2019
In re Roundup Prod. Liab. Litig., 2019 WL 423129, at *1 (N.D. Cal. Feb. 1, 2019) Rejected snap removal (forum defendant removed prior to being served) 2019
Southern District Allen v. Eli Lilly and Co., 2010 WL 3489366, at *2 (S.D. Cal. Sept. 2, 2010) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2010

Colorado

HAS NOT ADDRESSED ISSUE
District Does not appear to have addressed the issue

Connecticut

UPHELD VIA CIRCUIT COURT OPINION
District Upheld based on Second Circuit's decision Upheld based on Second Circuit's decision

Delaware

UPHELD VIA CIRCUIT COURT OPINION
District Upheld based on Third Circuit's decision Upheld based on Third Circuit's decision

Florida

UPHELD VIA DISTRICT COURT OPINION (no split)
DISTRICT SPLIT - UPHELD REMOVAL BY FORUM DEFENDANT
DISTRICT SPLIT
Northern District Bergmann v. State Farm Mut. Auto. Ins. Co., 2016 WL 9414108, at *2 (N.D. Fla. Dec. 28, 2016) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2016
Middle District North v. Precision Airmotive Corp., 600 F. Supp. 2d 1263, 1269-70 (M.D. Fla. 2009) Upheld snap removal (non-forum defendant that has not yet been served may remove before forum defendant is served) 2009
Southern District - Split within District Allison v. Apotex Corp., 2008 WL 11331976, at *3 (S.D. Fla. May 23, 2008) Upheld snap removal (forum defendant/non-forum defendant removed together before forum defendant was served) 2008
Timbercreek Asset Mgmt., Inc. v. De Guardiola, 2019 WL 947279, at *3 (S.D. Fla. Feb. 27, 2019) Rejected snap removal (forum defendant removed before any defendant was served 2019

Georgia

DISTRICT SPLIT
Northern District - Split within District Delaughder v. Colonial Pipeline Co., 2018 WL 6716047, at *1 & 3 & 7 (N.D. Ga. Dec. 21, 2018). Rejected snap removal (forum defendant removed before any defendant was served, court rejected Third Circuit's reasoning in Encompass) 2018
Rodgers v. Tyson Foods, Inc. et al., 2021 WL 2603710, at *2 (N.D. Ga. April 27, 2021) Upheld snap removal (in-state defendant removed before forum defendant was served) 2021
Middle District Gibson v. Wal-Mart Stores East, 2010 WL 419393, at *2, 4 (M.D. Ga. Jan. 28, 2010) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2010
Francis v. Great W. Casualty Co., 2018 WL 999679, at *2 (M.D. Ga. Feb. 21, 2018) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2018
Southern District - Split within District Higgins v. City of Savannah, Ga., 2018 WL 2424138, at *1 (S.D. Ga. Mar. 5, 2018) Rejected snap removal (forum defendants (all defendants were forum defendants) removed before any of them were served) 2018
McClain v. Bank of Am. Corp., 2013 WL 1399309, at *3 (S.D. Ga. Apr. 5, 2013) Upheld snap removal (non-forum defendants removed before forum defendant was served) 2013

Guam

HAS NOT ADDRESSED ISSUE
District Does not appear to have addressed the issue

Hawaii

DISTRICT SPLIT
District U.S. Bank Nat. Ass’n v. Martin,2015 WL 2227792, at *5 (D. Haw. Apr. 23, 2015) Rejected snap removal (forum defendant removed before she was served, court noted decision based on forum defendant’s “gamesmanship”) 2015
District Watanabe v. Lankford, 684 F. Supp. 2d 1210, 1219 (D. Haw. 2010) Upheld snap removal (non-forum defendant removed before in-forum defendant was served) 2010

Idaho

HAS NOT ADDRESSED ISSUE
District Does not appear to have addressed the issue

Illinois

DISTRICT SPLIT
DISTRICT SPLIT - UPHELD REMOVAL BY FORUM DEFENDANT
UPHELD VIA DISTRICT COURT OPINION (no split)
Northern District - Split within District DC v. Abbott Laboratories, Inc., 323 F. Supp. 3d 991,  (N.D. Ill. Aug. 29, 2018) Upheld snap removal (forum defendant removed before it was served) 2018
Vivas v. Boeing Co., 486 F. Supp. 2d 726, 734-35 (N.D. Ill. 2007) Rejected snap removal (forum defendant removed before any defendant was served) 2007
Central District Test Drilling Service Co. v. Hanor Co., Inc., 322 F. Supp. 2d 953, 956 (C.D. Ill. 2003) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2006
Southern District Massey v. Cassens & Sons, Inc., 2006 WL 381943 at *2 (S.D. Ill. Feb. 16, 2006) Upheld snap removal (non-forum defendant removed before any defendant was served) 2006
In re Pradaxa (Dabigatran Etexilate) Prod. Liab. Litig., 2013 WL 656822, at *3-4 (S.D. Ill. Feb. 22, 2013) Upheld snap removal (non-forum defendant removed before any defendant was served) 2013
Knightsbridge Mgmt., Inc. v. Zurich Am. Ins. Co., 2021 WL 508687, at *2-4 (S.D. Ill. Feb. 11, 2021) Upheld snap removal (forum defendant removed before it was served) 2021

Indiana

HAS NOT ADDRESSED ISSUE
UPHELD VIA DISTRICT COURT OPINION (no split)
Northern District Does not appear to have addressed the issue
Southern District In re Bridgestone/Firestone, Inc., 184 F. Supp. 2d 826, 828 (S.D. Ind. 2002) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2002
Whipkey v. Eli Lilly & Co., 2020 WL 3248472, at *4 (S.D. Ind. June 16, 2020) 2020

Iowa

HAS NOT ADDRESSED ISSUE
Northern District Does not appear to have addressed the issue
Southern District Does not appear to have addressed the issue

Kansas

LIMITED REJECTION OF SNAP REMOVAL - NO REMOVAL BEFORE AT LEAST ONE DEFENDANT IS PROPERLY JOINED AND SERVED
District FTS Intern. Services LLC v. Caldwell Baker Co., 2013 WL 1305330, at *2-3 (D. Kan. Mar. 27, 2013) Limited rejection of snap removal (Singular defendant (who resided in forum state) could not remove prior to service because 1441 requires at least one defendant to be served before removal is permitted) 2013

Kentucky

DISTRICT SPLIT
DISTRICT SPLIT - UPHELD REMOVAL BY FORUM DEFENDANT
Eastern District - Limited Split within District In re Darvocet, Darvon and Propoxyphene Prods. Liab. Litig., 2012 WL 2919219, at *3 (E.D. Ky. July 17, 2012) Rejected snap removal (forum defendant removed before it was served) 2012
Darsie v. Cone, 2010 WL 2923285, at *5 (E.D. Ky. July 22, 2010) Appeared to support snap removal in dictum (where there is complete diversity, inclusion of unserved resident defendant does not defeat removal) 2010
Western District - Split within District Schilmiller v. Medtronic, Inc., 44 F. Supp. 3d 721, 727 (W.D. Ky. 2014) Rejected snap removal (non-forum defendant removed (and had pattern of snap removal) before forum defendants were served) 2014
United Steel Supply, LLC v. Buller, 2013 WL 3790913, at *1 (W.D. Ky. July 19, 2013) Upheld snap removal (forum defendant removed before it was served) 2013

Louisiana

UPHELD VIA CIRCUIT COURT OPINION
Eastern District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision
Middle District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision
Western District Upheld snap removal based on Fifth Circuit's decision Upheld snap removal based on Fifth Circuit's decision

Maine

HAS NOT ADDRESSED ISSUE
District Does not appear to have considered the issue

Maryland

DISTRICT SPLIT
District - Split within District Sommer v. BMW of N. Am. LLC, 2021 WL 1890651, at *2-3 (D. Md. May 11, 2021) Rejected snap removal (non-forum defendant removed before forum defendant was served; court noted lack of evidence of gamesmanship by plaintiff) 2021
Robertson v. Iuliano, 2011 WL 453618, at *3 (D. Md. Feb. 4, 2011) Upheld snap removal (non-forum defendant removed before forum defendants were served) 2011

Massachusetts

LIMITED REJECTION OF SNAP REMOVAL - NO REMOVAL BEFORE AT LEAST ONE DEFENDANT IS PROPERLY JOINED AND SERVED
District Gentile v. Biogen Idec, Inc., 934 F. Supp. 2d 313, 322 (D. Mass. 2013) Limited rejection of snap removal ("at least one defendant must have been served before removal can be effected")
- If non-forum defendant is served first, the non-forum defendant may remove; but if forum defendant is served first, removal is not permitted.
2013
Adams v. Beacon Hill Staffing Group, LLC, 2015 WL 6182468, at *3-4 (D. Mass. Oct. 21, 2015) 2015

Michigan

DISTRICT SPLIT
HAS NOT ADDRESSED ISSUE
Eastern District - Limited Split within District Murphy v. Inman, 2018 WL 8809349, at *13 (E.D. Mich. Feb. 21, 2018) Upheld/rejected snap removal (at least one defendant must be served before removal may occur) 2018
Doe v. Doe, 2016 WL 9403994, at *2 (E.D. Mich. Nov. 22, 2016) Rejected snap removal (singular defendant that is a forum-defendant not permitted to remove before being served) 2016
Western District Does not appear to have addressed issue

Minnesota

HAS NOT ADDRESSED ISSUE
District Does not appear to have considered the issue

Mississippi

UPHELD VIA CIRCUIT COURT OPINION
Northern District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision
Southern District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision

Missouri

DISTRICT SPLIT
DISTRICT SPLIT - UPHELD REMOVAL BY FORUM DEFENDANT
REJECTED VIA DISTRICT COURT OPINION (no split)
Eastern District - Split within District Johnson v. Precision Airmotive, LLC, 2007 WL 4289656 at *6 (E.D. Mo. Dec. 4, 2007) Upheld snap removal (non-forum defendants removed before forum defendants were served) 2007
Terry v. J.D. Streett & Co., Inc., 2010 WL 3829201, at *1 (E.D. Mo. Sept. 23, 2010) Upheld snap removal (singular forum defendant removed before it was served) 2010
Perez v. Forest Laboratories, Inc., 902 F. Supp. 2d 1238, 1245 (E.D. Mo. 2012) Rejected snap removal (non-forum defendant removed before either defendant was served) 2012
Western District Perfect Output of Kansas City, LLC v. Ricoh Americas Corp., 2012 WL 2921852, at *2 (W.D. Mo. July 17, 2012) Rejected snap removal (non-forum defendant removed before forum defendant was served) 2012

Montana

DISTRICT SPLIT
District - Split within District Talbot v. Tokarski, No. CV-14-117-BLG-SPW, 2014 WL 5437035, at *2–3 (D. Mont. Oct. 24, 2014) Rejected snap removal (forum defendant (only defendant in case) removed before it was served) (Court held that at least one defendant must be served and joined before removal can be effected) 2014
Mahana v. Enerplus Res. U.S.A. Corp., No. CV-12-31-BLG-RFC-CSO, 2012 WL 1947101, at *3 (D. Mont. May 30, 2012), report and recommendation adopted, No. CV-12-31-BLG-RFC-CSO, 2012 WL 4748178 (D. Mont. Oct. 4, 2012) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2012

Nebraska

HAS NOT ADDRESSED ISSUE
District Does not appear to have addressed the issue

Nevada

DISTRICT SPLIT
District of Nevada Carrington Mortgage Serv., LLC v. Ticor Title of Nev., Inc., 2020 WL 3892786, at *2-3 (D. Nev. July 10, 2020) (Kind of) rejected snap removal (court declined to officially decide whether snap removal is "generally allowable" in the district but held that at least one party must be served prior to removal; non-forum defendant removed before it (and forum defendant) had been served 2020
District of Nevada Metlife Home Loans, LLC v. Fidelity Nat'l Title Grp., Inc., 2021 WL 4096540, at *3-4 (D. Nev. Sept. 8, 2021) Upheld snap removal (defendants, including one forum defendant, removed before any defendants were served) 2021

New Hampshire

LIMITED REJECTION OF SNAP REMOVAL - NO REMOVAL BEFORE AT LEAST ONE DEFENDANT IS PROPERLY JOINED AND SERVED
District R & N Check Corp. v. Bottomline Techs., Inc., No. 13-CV-118-SM, 2013 WL 6055233, at *3 (D.N.H. Nov. 15, 2013) Limited rejection of snap removal (forum defendant removed before it was served, court remanded and held that at least one defendant must be served before removal can be effected) (i.e. at least one non-forum defendant must be served and must remove before any forum defendant is served) 2013

New Jersey

UPHELD VIA CIRCUIT COURT OPINION
District Upheld based on Third Circuit's decision
See also Jackson v. Howmedica Osteonics Corp., No. 19-18667 (JMV) (D.N.J. June 15, 2020)
Upheld based on Third Circuit's decision**
Jackson decision held that while snap removal under 1441(b) is permitted under Third Circuit opinion "regardless of whether that defendant acted to delay service," it is inaccurate to say that service is not complete for purposes of forum defendant rule until defendant actually receives notice of such service

New Mexico

HAS NOT ADDRESSED ISSUE
District Does not appear to have considered the issue

New York

UPHELD VIA CIRCUIT COURT OPINION
Northern District Upheld based on Second Circuit's decision Upheld based on Second Circuit's decision
Eastern District Upheld based on Second Circuit's decision Upheld based on Second Circuit's decision
Southern District Upheld based on Second Circuit's decision Upheld based on Second Circuit's decision
Western District Upheld based on Second Circuit's decision Upheld based on Second Circuit's decision

North Carolina

UPHELD VIA DISTRICT COURT OPINION (no split)
HAS NOT ADDRESSED ISSUE
UPHELD SNAP REMOVAL BY FORUM DEFENDANT VIA DISTRICT COURT OPINION (no split)
Eastern District Chace v. Bryant, 2010 WL 4496800, at *2 (E.D.N.C. Nov. 1, 2010) Upheld snap removal (non-forum defendants removed before forum defendant was served) 2010
Middle District Does not appear to have considered the issue
Western District Annese v. Diversey, Inc., 2017 WL 2378808, at *2 (W.D.N.C. June 1, 2017) Upheld snap removal (forum defendant removed before it was served)

North Dakota

HAS NOT ADDRESSED ISSUE
District Does not appear to have considered the issue

Ohio

REJECTED VIA DISTRICT COURT OPINION (no split)
Northern District Dominguez v. Acrux Staffing, 2011 WL 6326538 (N.D. Ohio Dec. 15, 2011) Reject snap removal by forum defendants 2011
Southern District Plymouth v. Dimension Serv. Corp., 2017 WL 726943, at *4-5 (S.D. Ohio Feb. 24, 2017) Rejected snap removal (forum defendant (only defendant in case) removed before it was served) 2017

Oklahoma

HAS NOT ADDRESSED ISSUE
UPHELD VIA DISTRICT COURT OPINION (no split)
LIMITED REJECTION OF SNAP REMOVAL - NO REMOVAL UNLESS/UNTIL PLAINTIFF HAS HAD REASONABLE TIME TO SERVE
Eastern District Does not appear to have addressed the issue
Northern District Magallan v. Zurich Am. Ins. Co., 228 F. Supp.3d 1257, 1260-61 (N.D. Okla. 2017) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2017
Western District Woods v. Dr. Pepper Snapple Grp., Inc., 2020 WL 917284, at *3 (W.D. Okla. Feb. 26, 2020) Upheld/Rejected snap removal (no removal allowed - non-forum defendant removed before forum defendant was served)
- Upheld "judicially crafted exception" to "properly joined and served" language such that snap pre-service removal is allowed to circumvent forum defendant rule UNLESS "Plaintiffs did not have a reasonable opportunity to serve [defendant] before remov[al]."
2020

Oregon

HAS NOT ADDRESSED ISSUE
District Does not appear to have addressed the issue

Pennsylvania

UPHELD VIA CIRCUIT COURT OPINION
Eastern District Upheld based on Third Circuit's decision Upheld based on Third Circuit's decision
Middle District Upheld based on Third Circuit's decision Upheld based on Third Circuit's decision
Western District Upheld based on Third Circuit's decision Upheld based on Third Circuit's decision

Puerto Rico

HAS NOT ADDRESSED ISSUE
District Does not appear to have addressed the issue

Rhode Island

REJECTED VIA DISTRICT COURT OPINION (no split)
District DHLNH, LLC, v. Int'l Brotherhood of Teamsters, Local 251, 319 F. Supp. 3d 604, 606 (D.R.I. June 18, 2018) Rejected snap removal (forum defendant removed before it was served) 2018

South Carolina

DISTRICT SPLIT
District - Split within District Fisher v. Pelstring, 2009 WL 10664813, at *4 (D.S.C. Sept. 29, 2009) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2009
The Turtle Factory Building Corp., 2021 WL 688697, at *3 (D.S.C. Jan. 28, 2021) Rejected snap removal (non-forum defendant removed before forum defendant was served) 2021

South Dakota

HAS NOT ADDRESSED ISSUE
District Does not appear to have addressed the issue

Tennessee

HAS NOT ADDRESSED ISSUE
REJECTED VIA DISTRICT COURT OPINION (no split)
DISTRICT SPLIT
Eastern District Does not appear to have addressed the issue
Middle District Little v. Wyndham Worldwide Operations, Inc., 251 F. Supp. 3d 1215, 1221 (M.D. Tenn. 2017) Rejected snap removal (non-forum defendant removed before forum defendant was served) 2017
Western District - Split within District Linder v. Medtronic, Inc., 2013 WL 5486770, at *1 (W.D. Tenn. Sept. 30, 2013) Upheld snap removal (non-forum defendant removed before any defendant was served) 2013
Montgomery v. Medtronic Sofamor Danek USA, Inc., 2014 WL 12611256, at *4 (W.D. Tenn. June 26, 2014) Rejected snap removal (forum defendant removed before it was served and only one day after complaint was filed) 2014

Texas

UPHELD VIA CIRCUIT COURT OPINION
Eastern District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision 2014
Northern District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision
Southern District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision
Western District Upheld based on Fifth Circuit's decision Upheld based on Fifth Circuit's decision

Utah

LIMITED REJECTION OF SNAP REMOVAL - NO REMOVAL UNLESS/UNTIL PLAINTIFF HAS HAD REASONABLE TIME TO SERVE
District Flandro v. Chevron Pipe Line Co., No. 2:18-CV-697, 2019 WL 1574811, at *6–7 (D. Utah Apr. 11, 2019) Plaintiffs are entitled to a reasonable opportunity to serve the forum defendant before the case can be removed 2019

Vermont

UPHELD VIA CIRCUIT COURT OPINION
District Upheld based on Second Circuit's decision Upheld based on Second Circuit's decision

Virginia

UPHELD VIA DISTRICT COURT OPINION (no split)
HAS NOT ADDRESSED ISSUE
Eastern District Campbell v. Hampton Roads Bankshares, Inc., 925 F. Supp. 2d 800, 809–10 (E.D. Va. 2013) Snap removal okay for non-forum defendants but not for forum defendants 2013
Western District Does not appear to have considered the issue

Washington

HAS NOT ADDRESSED ISSUE
LIMITED REJECTION OF SNAP REMOVAL - NO REMOVAL BEFORE AT LEAST ONE DEFENDANT IS PROPERLY JOINED AND SERVED
Eastern District Does not appear to have considered the issue
Western District Pratt v. Alaska Airlines, Inc., 2021 WL 1910885, at *5 (W.D. Wash. May 12, 2021) Limited rejection of snap removal (forum defendant removed before it was served, court remanded and held that at least one defendant must be served before removal can be effected; rejected all three Circuit Court decisions as overlooking pronoun “any” and failing to consider nuances in purpose and history of forum defendant rule 2021

Washington DC

UPHELD VIA DISTRICT COURT OPINION (no split)
District Doe v. Daversa Partners, 2021 WL 736734, at *3 (D.D.C. Feb. 25, 2021) Upheld snap removal (defendants, including both forum and non-forum defendant, removed before anyone was served) 2021

West Virginia

UPHELD VIA DISTRICT COURT OPINION (no split)
DISTRICT SPLIT
Northern District Vitatoe v. Mylan Pharmaceuticals, Inc., 2008 WL 3540462, at *5 (N.D.W.Va. Aug. 13, 2008) Upheld snap removal (non-forum defendant removed before any defendants were served) 2008
Southern District - Split within District Blankenship v. Napolitano, 2019 WL 3226909 (S.D.W.Va. July 17, 2019) Upheld snap removal (non-forum defendant removed before forum defendant was served) 2019
Phillips Construction, LLC v. Daniels Law Firm, 93 F. Supp. 3d 544, 554-55 (S.D. W. Va. 2015) Limited rejection of snap removal (only forum defendants in case, and they removed before they were served)
(Note - court's holding is limited to "cases involving only resident defendants" such that the forum defendant rule bars forum defendants from removing before being served)
2015

Wisconsin

HAS NOT ADDRESSED ISSUE
REJECTED VIA DISTRICT COURT OPINION (no split)
Eastern District Does not appear to have addressed the issue
Western District Hoffman Bikes, Inc. v. Pacific Cycle, Inc., 2017 WL 4174923, at *3 (W.D. Wis. Sept. 20, 2017) Rejected snap removal (forum defendant (and only defendant in case) removed before it was served, approximately 1.5 hours after complaint was filed) 2017

Wyoming

HAS NOT ADDRESSED ISSUE
District Does not appear to have considered the issue
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