Legal Opinion
Averdick v. Republic Financial Services, Inc.
District Court, E.D. Kentucky
Decided October 6, 1992No. 5:03-misc-00010PublishedCited by 31 opinions
1Opinion of the Court
OPINION AND ORDER
BERTELSMAN, Chief Judge:
This case is before the court on a motion to remand it to the Circuit Court of Kenton County, Kentucky, whence it was removed. The motion to remand raises important issues of statutory construction involving the 1988 amendments to the removal statutes. In particular, there is a significant issue on which there is a conflict of authority: Whether the 1988 amendment to 28 U.S.C. § 1447 prevents the federal court from remanding a case for defective allegations in the removal petition once thirty days have elapsed from the filing of the petition.
I.…
2Cases cited34 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Snyder v. HarrisSupreme Court of the United States · 1969
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Finley v. United StatesSupreme Court of the United States · 1989
29 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1993
- Page v. City of SouthfieldCourt of Appeals for the Sixth Circuit · 1995
- Leszczynski v. Allianz InsuranceDistrict Court, S.D. Florida · 1997
- Garza v. National American InsuranceDistrict Court, M.D. Louisiana · 1992
- Crosby v. America Online, Inc.District Court, N.D. Ohio · 1997
26 more not listed; retrieve them via the Exa API.