Legal Opinion
Durham v. Lockheed Martin Corp.
Court of Appeals for the Ninth Circuit
Decided April 25, 2006No. 04-15243PublishedCited by 322 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge.
A defendant has thirty days to remove a case on diversity or federal question grounds. We consider whether the thirty-day clock is reset if the defendant later discovers the case is also removable on federal officer grounds.
Facts
Plaintiff Gerald Durham suffers from lung cancer, which he alleges was caused by exposure to asbestos during his thirty-year service as an electronics technician for the United States Air Force and Air Force Reserves. Durham filed his complaint against Lockheed Martin and sixty other defendants on August 7, 2003, in California Superior Court.…
2Cases cited19 opinions
- Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by322 opinions
- Connie Dietrich v. the Boeing CompanyCourt of Appeals for the Ninth Circuit · 2021
- Goncalves Ex Rel. Goncalves v. Rady Children's Hospital San DiegoCourt of Appeals for the Ninth Circuit · 2017
- Curtis Morgan v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 2018
- Fidelitad, Inc. v. Insitu, Inc.Court of Appeals for the Ninth Circuit · 2018
- County of San Mateo v. Chevron Corp.Court of Appeals for the Ninth Circuit · 2022
317 more not listed; retrieve them via the Exa API.