Legal Opinion
Robert Belser, M.D. v. St. Paul Fire and Marine Insurance Company
Court of Appeals for the Fifth Circuit
Decided July 9, 1992No. 91-3902PublishedCited by 21 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
We must decide whether the Judicial Improvements and Access to Justice Act 2 retroactively invalidates a motion to remand that was valid when filed. We hold that the previously valid motion is not nullified by the subsequent passage of the Act. We therefore reverse the judgment of the district court denying remand, vacate the summary judgments granted by the district court and instruct it to remand this cause to state court.
I
The Plaintiff, Robert Belser, M.D., underwent cardiac surgery on May 13, 1983. On May 15, 1984, he sued his surgeon, Eugene Berry, M.D., in state…
2Cases cited19 opinions
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
- United States v. Schooner PeggySupreme Court of the United States · 1801
- Foster v. Chesapeake Insurance CompanyCourt of Appeals for the Third Circuit · 1991
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Landgraf v. USI Film ProductsCourt of Appeals for the Fifth Circuit · 1992
- In the Matter of Wood F. Jones and Mary Jones, Debtors. Wood F. Jones and Mary Jones v. W.J. Services, Inc.Court of Appeals for the Fifth Circuit · 1992
- Watson v. City of AllenCourt of Appeals for the Fifth Circuit · 2016
- John Hinkley v. Envoy Air, IncorporatedCourt of Appeals for the Fifth Circuit · 2020
- Decatur Hospital Authority v. Aetna Health, Inc.Court of Appeals for the Fifth Circuit · 2017
16 more not listed; retrieve them via the Exa API.