Legal Opinion
David C. Wilson v. Intercollegiate (Big Ten) Conference Athletic Association, an Unincorporated Association
Court of Appeals for the Seventh Circuit
Decided January 26, 1982No. 81-2154PublishedCited by 101 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This case, on the view we take of it, turns on the following question under 28 U.S.C. § 1446(b): if a case initially filed in state court is removable to federal court but the defendant waives his right to remove, under what circumstances will that right revive if the plaintiff subsequently amends his complaint to add new federal claims?
The plaintiff, David C. Wilson, today a quarterback for the New Orleans Saints, was in 1980 a transfer student at the University of Illinois from a junior college in California. The principal defendants are the Intercollegiate (Big Ten)…
2Cases cited8 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Fletcher v. HamletSupreme Court of the United States · 1886
- Hazel Bishop, Inc. v. Perfemme, Inc. And Hazel BishopCourt of Appeals for the Second Circuit · 1963
- Cliett v. ScottCourt of Appeals for the Fifth Circuit · 1956
- Henderson v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1930
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3Cited by101 opinions
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- Shanna Kuxhausen v. Bmw Financial Services Na LlcCourt of Appeals for the Ninth Circuit · 2013
- Hubert Walker v. Trailer Transit, Inc.Court of Appeals for the Seventh Circuit · 2013
- A.S. v. SmithKline Beecham Corp.Court of Appeals for the Third Circuit · 2014
- Johnson v. Heublein Inc.Court of Appeals for the Fifth Circuit · 2000
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