Legal Opinion
Harvard Real Estate-Allston, Inc. v. Kmart Corp.
District Court, D. Massachusetts
Decided December 27, 2005No. CIV.A.04-12249 DPWPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WOODLOCK, District Judge.
The threshold question presented by this case was whether a Massachusetts summary process proceeding may properly be removed to federal court when there is no claim for rent or other monetary damages. Concluding that it could not, I remanded the matter to the state court where it was initially filed. Plaintiff then sought an award of attorney’s fees and costs under 28 U.S.C. § 1447(c) against the defendant for removing the controversy to federal court.
The Supreme Court earlier this month clarified the standard to be applied when considering…
2Cases cited11 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Rivet v. Regions Bank of LouisianaSupreme Court of the United States · 1998
- Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.Supreme Court of the United States · 2002
- Barrett v. Veritas OffshoreCourt of Appeals for the First Circuit · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- American Standard, Inc. v. Oakfabco, Inc.District Court, S.D. New York · 2007
- Youtsey v. Avibank Manufacturing, Inc.District Court, D. Massachusetts · 2010
- Hood v. Fresenius Medical Care Holdings, Inc.District Court, D. Massachusetts · 2015
- MCC Mortgage LP v. Office Depot, Inc.District Court, D. Minnesota · 2010
- Valley Management, Inc. v. Boston Road Mobile Home Park Tenants Ass'nDistrict Court, D. Massachusetts · 2010
2 more not listed; retrieve them via the Exa API.