Legal Opinion
Norris Lirette v. N.L. Sperry Sun, Inc. And Quarles Drilling Company
Court of Appeals for the Fifth Circuit
Decided March 2, 1987No. 86-3373PublishedCited by 11 opinions
1Opinion of the Court
CLARK, Chief Judge:
The principal issue in this case is whether a plaintiffs federal court conduct can waive the provisions of 28 U.S.C. § 1445(a) barring removal of the Jones Act action he filed in state court. Gamble v. Central of Georgia Railway, 486 F.2d 781 (5th Cir. 1973), which construes § 1445(a) in strict jurisdictional terms, binds us to hold that it cannot. Since the district court lacked subject matter jurisdiction, we vacate its judgment and direct that the action be remanded to state court.
I
Plaintiff Norris Lirette was employed by defendant N.L. Sperry Sun, Inc. (Sperry Sun) as a…
2Cases cited13 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
- Jethro Barrett v. Chevron, U.S.A., Inc., E.B.B. Co., Inc. And Lift Barge, Inc. v. Maryland Casualty Company, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1986
- Gary Dukes and Thomas E. Barber, D/B/A D & B Dozer Service v. South Carolina Insurance CompanyCourt of Appeals for the Fifth Circuit · 1985
- McKenzie v. United StatesCourt of Appeals for the Fifth Circuit · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Mitchell Dutile, Nichole Dutile and Ashley DutileCourt of Appeals for the Fifth Circuit · 1991
- Norris Lirette v. N.L. Sperry Sun, Inc. And Quarles Drilling CompanyCourt of Appeals for the Fifth Circuit · 1987
- Gregoire v. Enterprise Marine Services, LLCDistrict Court, E.D. Louisiana · 2014
- Norris Lirette v. N.L. Sperry Sun, Inc. And Quarles Drilling CompanyCourt of Appeals for the Fifth Circuit · 1987
- Rodriguez v. Shell Oil Co.District Court, S.D. Texas · 1993
6 more not listed; retrieve them via the Exa API.