McKinney Rule for Removal To Federal Court Rejected by Fourth Circuit

McKinney rule

The Fourth Circuit has now joined the Sixth, Eighth and Eleventh Circuits in adopting a last served defendant rule to govern the timing of filing a petition for removal from state court to federal court in cases involving multiple defendants. The case is Barbour v. International Union, 1:08-cv-01076-AMD, decided on February 4, 2010. The statutory authority for removal to federal court is found in 28 U.S.C. § 1446(b) which states: “The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by…

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