Legal Opinion

Holladay v. Kone, Inc.

District Court, D. Colorado

Decided March 31, 2009No. Civil Action 09-cv-00652-JLK-BNBPublished

1Opinion of the Court

ORDER REMANDING CASE TO STATE COURT

KANE, Senior District Judge.

This defective elevator products liability action is before me on Defendant’s Notice of Removal. On my own Motion, upon review, I order the action remanded to state court based on Defendant’s failure to establish federal removal jurisdiction, which is premised on diversity of citizenship and Judge Figa’s determination in Henderson v. Target Stores, 431 F.Supp.2d 1143 (D.Colo.2006) that the jurisdictional amount of $75,000 can be established for removal purposes through reference to a plaintiffs Rule 16.1 Civil Cover Sheet filed in…

2Cases cited8 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Roy E. Fajen v. Foundation Reserve Insurance Company, Inc.Court of Appeals for the Tenth Circuit · 1982
  3. Larry Laughlin v. Kmart CorporationCourt of Appeals for the Tenth Circuit · 1995
  4. Marshall Huffman Virginia Newton v. Saul Holdings Limited Partnership, a Maryland Limited PartnershipCourt of Appeals for the Tenth Circuit · 1999
  5. Martin v. Franklin Capital Corp.Court of Appeals for the Tenth Circuit · 2001

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