Legal Opinion

CPFilms, Inc. v. Best Window Tinting, Inc.

District Court, W.D. Virginia

Decided December 18, 2006No. 4:06CV00064PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

KISER, Senior District Judge.

Before me now is CPFilms, Inc.’s (“Plaintiffs”) Motion to Remand against Best Window Tinting, Inc., Harry C. Nelson and Michael Kowalcyzk (“Defendants”). The parties have briefed the issues and oral arguments have been heard. The motion is therefore ripe for decision. For the reasons stated herein, Plaintiffs Motion to Remand is DENIED. The Stay on these proceedings is hereby LIFTED.

I.LEGAL STANDARD

A. Motion to Remand

In considering the removal of a lawsuit to federal court, the Supreme Court and Fourth Circuit have held that courts “must strictly…

2Cases cited10 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Kathleen A. Shanaghan v. John D. Cahill Cahill & Associates, IncorporatedCourt of Appeals for the Fourth Circuit · 1995
  3. Mulcahey v. Columbia Organic Chemicals Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1994
  4. Missouri State Life Insurance v. JonesSupreme Court of the United States · 1933
  5. Kansas City Southern Railway Co. v. Guardian Trust Co.Supreme Court of the United States · 1930

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3Cited by1 opinion

  1. Kruglyak v. Home Depot U.S.A., Inc.District Court, W.D. Virginia · 2024

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