Legal Opinion
Goodman v. Travelers Insurance
District Court, N.D. California
Decided April 14, 1983No. C-82-5604 EFLPublishedCited by 18 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO REMAND
LYNCH, District Judge.
Plaintiff in this action seeks damages for alleged intentional infliction of emotional distress and negligent infliction of emotional distress arising from alleged improper efforts of defendants to collect a sum plaintiff contends she does not owe.
This action is presently before the Court on plaintiff Virginia Goodman’s motions to remand to state court and to amend the complaint.
Discussion
The removal statute, 28 U.S.C. § 1441, is to be strictly construed against removal and in favor of remand. Shamrock Oil & Gas v. Sheets, 313 U.S. 100, 61…
2Cases cited8 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Libhart v. Santa Monica Dairy Co.Court of Appeals for the Ninth Circuit · 1979
- Billie J. Preaseau v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1979
- Asher v. Pacific Power and Light CompanyDistrict Court, N.D. California · 1965
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Charles E. Abels and Irene C. Abels v. State Farm Fire & Casualty CompanyCourt of Appeals for the Third Circuit · 1985
- IBC Aviation Services, Inc. v. Compañia Mexicana De AviacionDistrict Court, N.D. California · 2000
- Clinco v. RobertsDistrict Court, C.D. California · 1999
- Boon v. Allstate InsuranceDistrict Court, C.D. California · 2002
- Schmitt v. Insurance Co. of North AmericaCourt of Appeals for the Ninth Circuit · 1988
13 more not listed; retrieve them via the Exa API.