Legal Opinion
Andrew Smith v. Mylan Inc.
Court of Appeals for the Ninth Circuit
Decided August 4, 2014No. 17-72874PublishedCited by 166 opinions
1Opinion of the Court
OPINION
NGUYEN, Circuit Judge:
A state court action may not be removed to federal court on the basis of diversity jurisdiction more than one year after the action was filed. See 28 U.S.C. § 1446(b) (current version at 28 U.S.C. § 1446(c)). Defendants in this wrongful death case invoked diversity jurisdiction and filed a notice of removal fourteen months after the lawsuit was filed in state court. The district court sua sponte remanded on the ground that Defendants had removed the case too late. The court, relying on 28 U.S.C. § 1447(c), found that it lacked subject matter jurisdiction.
We hold…
2Cases cited7 opinions
- Kelton Arms Condominium Owners Association, Inc. v. Homestead Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
- Jack Fristoe v. Reynolds Metals Co.Court of Appeals for the Ninth Circuit · 1980
- Dinesh Maniar v. Federal Deposit Insurance CorporationCourt of Appeals for the Ninth Circuit · 1992
- Mark Barnes v. Westinghouse Electric CorporationCourt of Appeals for the Fifth Circuit · 1992
- Ariel Land Owners, Inc. v. Lori Dring Nancy AsaroCourt of Appeals for the Third Circuit · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by166 opinions
- City of Albuquerque v. Soto Enterprises, Inc.Court of Appeals for the Tenth Circuit · 2017
- Lauren Casola v. Dexcom, Inc.Court of Appeals for the Ninth Circuit · 2024
- Kris Kenny v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2018
- Marco Corona-Contreras v. Steven GruelCourt of Appeals for the Ninth Circuit · 2017
- Raizel Blumberger v. Ian TilleyCourt of Appeals for the Ninth Circuit · 2024
161 more not listed; retrieve them via the Exa API.