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Category: Blog: The Westchester Litigator

Email Consent is Not Enough: The SDNY Reaffirms a Strict Construction of the Federal Removal Statute in the Context of the “Rule of Unanimity”

Blog: The Westchester Litigator

28 U.S.C. § 1446 authorizes a defendant to remove a case from state to federal court by filing a notice of removal within 30 days of receipt of the initial pleading (assuming removal is otherwise proper under the statute).  In a multi-defendant case, 28 U.S.C. § 1446 (b)(2)(A) imposes the […]

My Identity Could Be Stolen . . . At Some Point!: An Analysis of Federal Standing and Future Harm in Data Breach Cases

Blog: The Westchester Litigator

It is axiomatic that plaintiffs in federal court must have standing under Article III of the Constitution to bring their claims.  To demonstrate standing, plaintiffs must show, inter alia, that they have suffered an “injury-in-fact,” which the Supreme Court has defined as “an invasion of a legally protected interest that […]

The Race to the Courthouse: Using the “First-to-File” Rule to Save Judicial Resources

Blog: The Westchester Litigator

For decades, the “first-to-file rule” has guided courts in determining the appropriate venue for litigation by creating a rebuttable presumption in favor of the first litigation filed where litigants file competing and substantially overlapping litigations in different jurisdictions. While the presumption can be rebutted in certain instances, the Southern District […]