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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
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Removal — Must Every Defendant Sign a Notice of Removal or Is One Signature Plus a Certification That All Others Consent Sufficient? Circuit Split

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Ettlin v. Harris, 2013 U.S. Dist. LEXIS 170526 (C.D. Cal. Nov. 22, 2013):

In a case involving multiple defendants, "[a]ll defendants must join in a removal petition." Hewitt v. City of Stanton, 798 F.2d 1230, 1232 (9th Cir. 1986). Although circuits are split as to what form a co-defendant's joinder in removal must take, the Ninth Circuit has adopted the position that "'at least one attorney of record' [must] sign the notice and certify that the remaining defendants consent to removal; it does not insist that each defendant submit written notice of such consent." Proctor v. Vishay Intertechnology Inc., 584 F.3d 1208, 1224-25 (9th Cir. 2009) (quoting Harper v. AutoAlliance Int'l, Inc., 392 F.3d 195, 201-02 (6th Cir. 2004)). In general, courts should resolve doubts in favor of remand. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09, 61 S. Ct. 868, 85 L. Ed. 1214 (1941) ("Due regard for the rightful independence of state governments . . . requires that [federal courts] scrupulously confine their own jurisdiction to the precise limits which the [removal] statute has defined.").

 

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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