Legal Opinion

PR Group, LLC v. Windmill International, Ltd.

Court of Appeals for the Eighth Circuit

Decided July 13, 2015No. 14-3021PublishedCited by 18 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

PR Group, LLC (PR Group) filed suit against Windmill International, Ltd. (Windmill) in Missouri state court in December 2011, but it did not serve Windmill with the complaint. More than two years later, Windmill filed a motion to dismiss for lack of prosecution. After PR Group responded to the motion but before the state court had ruled on it, Windmill filed a notice of removal. Once in federal court, PR Group moved to remand, arguing that Windmill had waived its right to remove when it filed the motion to dismiss for lack of prosecution in state court. The district…

2Cases cited6 opinions

  1. Resolution Trust Corporation, as Conservator for Great American First Savings Bank v. Bayside DevelopersCourt of Appeals for the First Circuit · 1995
  2. Jeretta Kay Tedford v. Warner-Lambert Co. Parke-Davis Division of Warner-Lambert Co. Parke-Davis Pharmaceuticals, Ltd. Sankyo Parke-Davis Pfizer, Inc.Court of Appeals for the Fifth Circuit · 2003
  3. Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLPCourt of Appeals for the Eleventh Circuit · 2004
  4. Seth Ward v. Resolution Trust Corporation, as Receiver for Madison Guaranty Savings & Loan Association Madison Financial CorporationCourt of Appeals for the Eighth Circuit · 1992
  5. Scholz v. RDV Sports, Inc.District Court, M.D. Florida · 1993

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3Cited by18 opinions

  1. City of Albuquerque v. Soto Enterprises, Inc.Court of Appeals for the Tenth Circuit · 2017
  2. Paul Gunderson v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2017
  3. Medtronic Sofamor Danek, Inc. v. Patrick B. GannonCourt of Appeals for the Eighth Circuit · 2019
  4. Gustafson v. Bi-State Dev. Agency Of Mo-IlDistrict Court, E.D. Missouri · 2019
  5. Anders v. Petco Animal Supplies Stores IncDistrict Court, W.D. Oklahoma · 2023

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