Legal Opinion
Page v. City of Southfield
Court of Appeals for the Sixth Circuit
Decided January 25, 1995No. 93-2499PublishedCited by 93 opinions
1Opinion of the CourtBrown, J., joined by Kennedy, J.,
SILER, J. (pp. 134-135), delivered a separate dissenting opinion.
BAILEY BROWN, Circuit Judge.
Defendants appeal the district court’s order of remand in this civil rights case initially filed in Michigan state court. The district court remanded the case sua sponte because it found that not all the defendants consented to the removal within thirty days after the first defendant was served with process. This appeal presents an issue of first impression in the Sixth Circuit: whether the federal removal statute, 28 U.S.C. § 1441, et seq., authorizes a district court to remand a case sua sponte for…
2Cases cited13 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- In the Matter of Amoco Petroleum Additives Company and Buck Isbell, in the Matter of Robin A.G. Jackson, an Underwriter at Lloyd's, LondonCourt of Appeals for the Seventh Circuit · 1992
- In re Shell Oil Co.Court of Appeals for the Fifth Circuit · 1991
- In the Matter of Continental Casualty CompanyCourt of Appeals for the Seventh Circuit · 1994
8 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Kelton Arms Condominium Owners Association, Inc. v. Homestead Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
- Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
- Thomas P. Loftis v. United Parcel Service, Inc. David Cole, Kenneth AdkinsCourt of Appeals for the Sixth Circuit · 2003
- In Re: Fmc Corporation Packaging Systems Division, in No. 99-5220Court of Appeals for the Third Circuit · 2000
- Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLPCourt of Appeals for the Eleventh Circuit · 2004
88 more not listed; retrieve them via the Exa API.