Legal Opinion
Cross v. Bell Helmets, USA
District Court, E.D. Texas
Decided April 18, 1996No. 1:95-CV 0178PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM
COBB, District Judge.
Today, the court considers two related motions: Plaintiffs Motion for Leave to Amend and Plaintiff’s Motion for Remand. The plaintiff in this products liability case 1 wishes to amend his complaint “in effect capping” the defendant’s liability at $50,000 exclusive of costs and interest. The only apparent reason for such a pleading strategy is to divest this court of jurisdiction. 2
Plaintiffs pleading appears to resemble both the work of the tailor to the emperor who wore no clothes and the often varied and sometimes unusual remand strategies presented by certain…
2Cases cited22 opinions
- Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.Court of Appeals for the Fifth Circuit · 1995
- De Aguilar v. Boeing Co.Court of Appeals for the Fifth Circuit · 1995
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Penn v. Wal-Mart Stores, Inc.District Court, D. New Jersey · 2000
- Carleton v. CRC Industries, Inc.District Court, S.D. Texas · 1999
- Century Assets Corp. v. SolowDistrict Court, E.D. Texas · 2000
- Nationalcare Corp. v. St. Paul Property & Casualty InsuranceDistrict Court, S.D. Mississippi · 1998
- Bingham v. Newport News Shipbuilding & Drydock Co.District Court, E.D. Virginia · 1998
9 more not listed; retrieve them via the Exa API.