Legal Opinion
Esposito v. Home Depot U.S.A., Inc.
District Court, D. Rhode Island
Decided July 6, 2006No. C.A. 06-153SPublishedCited by 6 opinions
1Opinion of the Court
DECISION AND ORDER
SMITH, District Judge.
The motion before this Court involves the important, if technical, requirement of unanimity among defendants when removing a case from state to federal court. Plaintiff Robert Esposito filed suit in Rhode Island Superior Court seeking to recover for injuries he suffered when a saw malfunctioned. The saw was manufactured by one of the Defendants and sold by Defendant Home Depot. Plaintiff has moved to remand the case to state court, invoking the rule of unanimity.
I. Background
Plaintiff alleges that he was injured on March 31, 2003 when a blade guard on a…
2Cases cited15 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
- Derrick E. Harper v. Autoalliance International, Inc., Aai Employee Services Co., L.L.C., Jeffrey Kelly, and Allen ChildressCourt of Appeals for the Sixth Circuit · 2004
- Federal Deposit Insurance Corporation v. LoydCourt of Appeals for the First Circuit · 1992
- Gorman v. Abbott LaboratoriesDistrict Court, D. Rhode Island · 1986
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3Cited by6 opinions
- Esposito v. Home Depot U.S.A., Inc.Court of Appeals for the First Circuit · 2009
- Mitchell v. Paws Up Ranch, LLCDistrict Court, D. Montana · 2009
- Brandenburg v. BurnsDistrict Court, S.D. Georgia · 2019
- Esposito v. Home Depot U.S.A., Inc.Court of Appeals for the First Circuit · 2009
- Harraz v. EgyptAir Airlines CompanyDistrict Court, S.D. New York · 2019
1 more not listed; retrieve them via the Exa API.