Legal Opinion
Thomas P. Loftis v. United Parcel Service, Inc. David Cole, Kenneth Adkins
Court of Appeals for the Sixth Circuit
Decided August 26, 2003No. 01-6194PublishedCited by 187 opinions
1Opinion of the Court
OPINION
LAWSON, District Judge.
The question presented by the parties in this appeal is whether the lower court abused its discretion when, after some of the defendants had removed the case to federal court under 28 U.S.C. § 1441, the district court allowed the plaintiff to amend his complaint to delete the allegations that made the case removable, and then remanded the case to state court. We do not reach that issue, because we find that there is a more fundamental defect in the removal procedure. Because we find that the removal was defective due to the failure of all defendants to join in…
2Cases cited31 opinions
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- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
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3Cited by187 opinions
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- Ohio Ex Rel. Skaggs v. BrunnerCourt of Appeals for the Sixth Circuit · 2008
- Esposito v. Home Depot U.S.A., Inc.Court of Appeals for the First Circuit · 2009
- Floyd Curry v. U.S. Bulk Transport, Inc.Court of Appeals for the Sixth Circuit · 2006
- Deidre Clark v. United StatesCourt of Appeals for the Sixth Circuit · 2014
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