Legal Opinion
In Re Allstate Insurance Company
Court of Appeals for the Fifth Circuit
Decided November 16, 1993No. 93-1179PublishedCited by 97 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
This petition for writ of mandamus presents an issue of first impression in the circuit courts, and one we expressly reserved in FDIC v. Loyd, 955 F.2d 316, 321 n. 4 (5th Cir.1992), to wit: whether the federal removal statute, 28 U.S.C. § 1441 et seq., permits a district court to remand a case sua sponte for a “defect in removal procedure” where the remand occurs within the thirty-day period allowed by § 1447(c) for motions to remand. We conclude that the 1988 amendments to § 1447(c) divested the district courts of any such discretion.
I
Oran Washburn filed suit in…
2Cases cited18 opinions
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Victor C. Baris v. Sulpicio Lines, Inc., Caltex Petroleum, Inc., Caltex Petroleum Corporation, and Caltex Oil CorporationCourt of Appeals for the Fifth Circuit · 1991
- In re Shell Oil Co.Court of Appeals for the Fifth Circuit · 1991
- D. J. McDuffie Inc. v. Old Reliable Fire Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- Air-Shields, Inc. v. FullamCourt of Appeals for the Third Circuit · 1989
13 more not listed; retrieve them via the Exa API.
3Cited by97 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
- In the Matter of Continental Casualty CompanyCourt of Appeals for the Seventh Circuit · 1994
- Page v. City of SouthfieldCourt of Appeals for the Sixth Circuit · 1995
- Corporate Management Advisors, Inc. v. Artjen Complexus, Inc.Court of Appeals for the Eleventh Circuit · 2009
92 more not listed; retrieve them via the Exa API.