Third Circuit: Encompass Insurance Co v. Stone Mansion Restaurant Inc

Given the plain reading of the statute, a domestic opponent can remove a case to federal court despite the forum defendant rule if the notice of removal is filed before acceptance of service of the complaint; the rule as set forth in the statute only applies to parties who have been properly joined and served.  Party's agreement to accept electronic service did not have a preclusive effect on consent to jurisdiction.

As contribution within joint liability arises not from a finding of liability, but from an equitable allocation of costs, the insurer of a driver who harms another can recover a contribution from the bar that served the driver, despite the dram shop law limiting liability to third parties.

http://www2.ca3.uscourts.gov/opinarch/171479p.pdf