Category Archives Judge Ross

When a plaintiff moves to amend the complaint, when does the 30-day clock for removal begin?  There are a few possibilities: The majority rule: the clock begins when the state court grants plaintiff's motion for leave to file an amended complaint. The minority rule: the clock begins when plaintiff files said motion. After noting the absence of controlling Eighth Circuit authority on this issue, Judge Ross concluded that the Eastern District of Missouri follows the majority rule.  See Svoboda v. Smith & Nephew, Inc., 2013 WL 1883249 (E.D. Mo. May 6, 2013). The case also mentions in a footnote that the District of Kansas appears to follow a variation of the majority rule: the clock begins on the date of service of the amended pleading (which would necessarily be after the state court grants plaintiff's motion for leave).  Id. at *4 n.2 (citing Miller v. Stauffer Chemical Co., 527 F.Supp.…

As part of our analysis, we’ve been looking at how Missouri courts have been interpreting the United States Supreme Court’s decision in Wal Mart v. Dukes, 1341 S. Ct. 2541 (2011).  As you probably recall, Dukes has been lauded as a game-changer by some on the defense side, or dismissed by some as a recapitulation of prior law and the product of a really bad fact pattern by others.   Without getting into too much detail on a subject well-covered in several places, Justice Scalia wrote for the majority in reversing the certification of a massive class of some 1.5 million female current and former Wal Mart employees alleging Title VII discrimination under a disparate impact theory.  At the risk of oversimplifying, the Dukes majority denied certification under b(3) because in the absence of a companywide discriminatory pay and promotion policy, there was no common question, and denied injunctive certification under…

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