Legal Opinion · Dissent
Ferrari, Alvarez, Olsen & Ottoboni v. Home Insurance
Court of Appeals for the Ninth Circuit
Decided August 8, 1991No. Nos. 89-16299, 89-16397Published
1DissentNoonan, Circuit Judge
The district court remanded this case to the state court in these terms: “The district court may issue an order remanding a case, despite the existence of diversity jurisdiction, on the ground that the defendant waived the right to remove by seeking relief in the state court and such order is governed by the requirements of section 1447(c). Schmitt v. Insurance Co. of North America, 845 F.2d 1546, 1549 (9th Cir.1988).
“It is well established that a forum selection clause may act as a waiver of defendant’s right to remove an action to federal court....
“The Court further finds that the right to…
2Cases cited8 opinions
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Pelleport Investors, Inc. v. Budco Quality Theatres, Inc.Court of Appeals for the Ninth Circuit · 1984
- The Clorox Company v. The United States District Court for the Northern District of California, Carol Stower, Real PartyCourt of Appeals for the Ninth Circuit · 1985
- J.W. Soley v. First National Bank of CommerceCourt of Appeals for the First Circuit · 1991
- Stanley Glasser, Miriam Glasser, His Wife v. Amalgamated Workers Union Local 88, R.W.D.S.U., Afl-CioCourt of Appeals for the Eleventh Circuit · 1987
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