Brooks v. Liberty Life Assurance Co. of Boston, No. 18-2612 (8th Cir. 2019)
Annotate this CaseRemoval is effective upon filing a copy of the notice of removal with the clerk of the state court, regardless of how state law might treat the notice after it is filed. The Eighth Circuit held that this case's removal to federal court by an attorney who was not licensed to practice in the state court where it was originally filed was effective. In this case, the attorney filed a copy of the notice of removal in state court, the deputy clerk stamped the notice "FILED," and Liberty Life had done all it needed to do under the federal removal statute.
Court Description: Stras, Author, with Gruender and Kobes, Circuit Judges] Civil case - Civil procedure. When the state court clerk filed the notice of removal and made it part of the state court record, it was effective even though the attorney who filed the notice of removal in state court was not a member of the state court bar.
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