Edward O’Brien (Partner-Louisville) successfully obtained a rare reversal of a remand to state court in the United States District Court for the Eastern District of Kentucky for Wilson Elser’s client, an insurance company. The plaintiff sued our insurer client in state court following the insurer's denial of his claim for long-term disability benefits but failed to effectuate service for more than ten months. After the plaintiff properly served the insurance company at the correct address, the client removed the case to federal court. In response, the plaintiff filed a motion to remand the case to state court, arguing that the removal was untimely and that the client was properly served at the outset of the litigation. Initially, the district court sided with the plaintiff and granted the motion to remand. Eddie moved for reconsideration, and the court granted Wilson Elser’s request, reversing its prior decision and acknowledging that the previous ruling "rested on a material factual error." As a result, the case remained in federal court. Reversals of orders remanding cases to state court are exceedingly uncommon.