Eleventh Circuit Adopts “Last Served Defendant” Rule for Removal From State Court

In Bailey v. Janssen Pharmaceutica, Inc., Case No. 07-12258 (11th Cir. July 29, 2008), the Eleventh Circuit Court of Appeals answered a previously unsettled question regarding removals from state court.  The Eleventh Circuit adopted the "last served defendant" rule, meaning that each defendant has 30 days from the date of service to remove the case to federal court, even in the time to remove for other defendants has already run.

Interestingly, this case was decided by only two judges – Judge Anderson and a visiting judge from the Sixth Circuit.  Judge Hull originally was on the panel, but she recused herself after oral argument.  Therefore, the case was decided by a two judge quorum.  

Cases Released July 25, 2008

From the Alabama Court of Civil Appeals:

Decker v. Decker

Boone, et al. v. Birmingham Board of Education

Pike v. Reed

Walton v. Beverly Enterprises-Alabama, Inc., d/b/a Beverly Meadowood Health & Rehabilitation

 

From the Supreme Court of Alabama:

Ex parte Wolter, Petition for Writ of Certiorari to the Court of Civil Appeals; In re: Weinrib, in his official capacity as Jefferson County Tax Assessor v. Wolter

Ex parte Baggett, Petition for Writ of Certiorari to the Court of Civil Appeals; In re: General Electric Company v. Baggett

Ex parte Singleton, Petition for Writ of Certiorari to the Court of Civil Appeals; In re: D&E Investments, L.L.C., d/b/a Kiva Dunes v. Singleton

Appeal Fron Non-Final Order Dismissed

In Morrison v. Morrison, Ms. 2070136 (Ala. Civ. App. July 18, 2008), the Court of Civil Appeals dismissed an appeal sua sponte for lack of jurisdiction.  The court found that the order on appeal did not dispose of all claims in the case, and there was no Rule 54(b) certification.  Applying the well settled rule that only appeals from final judgments can support an appeal, the court dismissed the appeal.

Cases Released July 18, 2008

From the Alabama Court of Civil Appeals:

M.B.L. v. G.G.L.

Marshall v. Cook

Morrison v. Morrison

Greener v. Killough

State Department of Revenue v. Wells Fargo Financial Acceptance Alabama, Inc., et al.

ArvinMeritor v. Johnson

Stanfield v. Stanfield

Franklin v. Etheridge

 

From the Supreme Court of Alabama:

Ex parte Green, Petition for Writ of Certiorari to the Court of Criminal Appeals; In re: Green v. State of Alabama

Ex parte Lawson d/b/a The Design Company, Petition for Writ of Certiorari to the Court of Civil Appeals; In re: Lawson d/b/a The Design Company v. Brian Homes, Inc., et al.