Legal Opinion
Korzinski v. Jackson
District Court, E.D. North Carolina
Decided July 2, 2004No. 5:04-cv-00220PublishedCited by 9 opinions
1Opinion of the Court
ORDER
FLANAGAN, District Judge.
Before the court is plaintiffs motion to remand. Defendant filed a notice of removal in this automobile negligence case on the basis of diversity jurisdiction within thirty days from the March 2004 date that plaintiff filed, pursuant to North Carolina Rule of Civil Procedure 41, a “new action based on the same claim[s]” asserted in a substantively identical action filed July 11, 2001. For the reasons that follow, resolving doubts in favor of remand, plaintiffs motion is granted.
I. STATEMENT OF THE CASE
Plaintiff filed an initial complaint in state court concerning…
2Cases cited8 opinions
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- David C. Wilson v. Intercollegiate (Big Ten) Conference Athletic Association, an Unincorporated AssociationCourt of Appeals for the Seventh Circuit · 1982
- Johnson v. Heublein Inc.Court of Appeals for the Fifth Circuit · 2000
- Whole Health Chiropractic & Wellness, Inc. v. Humana Medical Plan, Inc.Court of Appeals for the Eleventh Circuit · 2001
- Cliett v. ScottCourt of Appeals for the Fifth Circuit · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Cunningham v. State Farm Fire and Casualty CompanyDistrict Court, N.D. Ohio · 2025
- Hudson v. City of ChicagoIllinois Supreme Court · 2008
- Hudson v. City of ChicagoIllinois Supreme Court · 2008
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