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State Court Lawsuit Removable if Plaintiff-Employee’s Pleadings “Fully Incorporate” EEOC Charge

“You have been sued.” Upon reading these first few words of a state court citation, most Texas employers—indeed, most employers—make it their first order of business to remove the case to federal court if at all possible. Defense attorneys cite various advantages to be gained from removal, among them the thoroughness with which federal judges tend to examine the issues raised by the parties and the increased likelihood of decisive action by the federal bench on motions filed by the parties, particularly motions that would dispose of the case without the need for trial. The plaintiff is the “master of his pleadings,” however, and experienced plaintiffs’ counsel frame their pleadings so that removal to federal court is made difficult, if not impossible.

Supreme Court Clarifies When Employers Can Remove A Lawsuit From State To Federal Court.

On February 23, 2010 the U.S. Supreme Court handed down a ruling clarifying when employers can remove a lawsuit from state court and have it heard in the friendlier forum of federal court. The ruling deals with what is called "diversity jurisdiction" and is seen as highly favorable for employers, particularly large employers conducting business in multiple states, because it will make it easier for companies to know when they will likely be able to avoid the jurisdiction of plaintiff-friendly state courts.
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