Explore the Path Less Traveled: How Defendants Can Litigate in Federal Court Even Without Diversity Amongst the Parties

By: Nate Bohlander, Esq.

Removal of a case to Federal Court is a tool of which every civil defense attorney is keenly aware. There are many defensive advantages to litigating in Federal Court, including more favorable jury pools, knowledgeable and conscientious judges more likely to consider meritorious motion practice, and the infamous “rocket dockets,” whereby the parties are pressed to pursue active discovery rather than engage in wasteful delay tactics. While the foregoing characteristics are not always true across the board, defendants generally want their cases heard in Federal Court, while plaintiffs do all they can to avoid removal and litigate in State Court.

Morgan & Akins Gets $1.5m+ Lawsuit Dismissed By Motion Practice

Chad Jackson, a partner at Morgan & Akins, recently filed and successfully argued a Rule 12.02(6) Motion to Dismiss a cause of action for negligence where Plaintiff sought “in excess of $1,500,000 plus punitive damages” against Morgan & Akins’ client. As shown by this result, early motion practice, when applicable, can be an effective tool for bringing claims to a conclusion prior to expensive written discovery and depositions.

Dr. Martin Luther King, Jr. Service Day

In honor of Dr. Martin Luther King, Jr. Service Day, the Philadelphia office of Morgan & Akins volunteered to paint the computer lab at the Francisville Playground. Even some of the “junior members” of our firm got involved. It was a great day of service and giving back to the community!

Morgan & Akins Obtains Defense Verdict in Philadelphia

Mark T. Gallagher (first chair) and Wendy S. Smith (second chair) prevailed in a 3-day trial commencing in a defense verdict on August 16, 2018.  The case involved a slip and fall at an apartment complex, involving a sympathetic plaintiff with multiple pre-existing conditions.

Plaintiff’s demand was $400,000; although there were a number of issues surrounding the circumstances of the alleged fall.  The jury returned with a defense verdict in less than 2 hours.  The client, Mark, Wendy, and the Morgan & Akins team are thrilled with the outcome!