Doing the removal two-step in the Fourth Circuit

by Kirsten E. Small

In an en banc decision yesterday, the Fourth Circuit adhered to the so-called "McKinney Intermediate Rule" for removal in cases involving more than one defendant. Barbour v. International Union (No. 08-1740).

Under the McKinney rule, the first-served defendant must remove (if at all) within 30 days of service, as required by 28 U.S.C. § 1446. Any later-served defendant must join the notice of removal (if at all) within 30 days of service on it.