Legal Opinion

Unicom Systems, Inc. v. National Louis University

District Court, E.D. Virginia

Decided April 28, 2003No. CIV.A. 03-98-APublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

This removed diversity case involving a contractual dispute among several corporations presents the question whether remand is required where, as here, the non-removing defendant filed an answer within thirty days of service of the initial pleading, but did not file any explicit notice of consent to the removal by the other two defendants until well after the expiration of the thirty day removal period. Put differently, the question is whether the filing of an answer that makes no reference to removal is sufficient to satisfy the requirement that a…

2Cases cited26 opinions

  1. Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
  2. Mulcahey v. Columbia Organic Chemicals Co.Court of Appeals for the Fourth Circuit · 1994
  3. P. P. Farmers' Elevator Company, a Corporation v. Farmers Elevator Mutual Insurance Co., and New Amsterdam Casualty CompanyCourt of Appeals for the Seventh Circuit · 1968
  4. J. D. Bradley v. Maryland Casualty CompanyCourt of Appeals for the Eighth Circuit · 1967
  5. Creekmore v. Food Lion, Inc.District Court, E.D. Virginia · 1992

21 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Esposito v. Home Depot U.S.A., Inc.Court of Appeals for the First Circuit · 2009
  2. Creed v. Commonwealth of VirginiaDistrict Court, E.D. Virginia · 2009
  3. Johnson v. Nutrex Research, Inc.District Court, D. Maryland · 2006
  4. Push Pedal Pull, Inc. v. CaspersonDistrict Court, D. South Dakota · 2013
  5. Esposito v. Home Depot U.S.A., Inc.District Court, D. Rhode Island · 2006

7 more not listed; retrieve them via the Exa API.

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