Legal Opinion
Tucci v. THE HARTFORD FINANCIAL SERVICES GROUP, INC.
District Court, D. New Jersey
Decided February 25, 2009No. Civil 08-4925 (JBS)PublishedCited by 8 opinions
1Opinion of the Court
OPINION
SIMANDLE, District Judge.
This matter is before the Court on Plaintiff Peter A. Tucci, Sr.’s motion to remand this action to state court [Docket Item 9]. The sole issue before the Court is whether the thirty-day statutory period to seek removal under 28 U.S.C. § 1446(b) commences, when the summons and complaint are served only on a defendant’s statutory agent, here, the Commissioner of Banking and Insurance. For the reasons outlined below, the Court will adopt the reasoning of the majority of courts to have considered this question and hold that where service is made on a statutory…
2Cases cited16 opinions
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- Jeffrey J. Sikirica, Esq., as Trustee of Pittsburgh Beauty Academy, Inc. v. Nationwide Insurance Company Jeffrey J. SikiricaCourt of Appeals for the Third Circuit · 2005
- Reece v. Wal-Mart Stores, Inc.Court of Appeals for the Fifth Circuit · 1996
- Mahony v. Witt Ice and Gas CompanyDistrict Court, W.D. Missouri · 1955
- Benson v. BradleyDistrict Court, D. Minnesota · 1963
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3Cited by8 opinions
- Loretta Elliott v. American States Insurance Co.Court of Appeals for the Fourth Circuit · 2018
- Purayr, LLC v. Phocatox Technologies, LLCDistrict Court, W.D. Virginia · 2016
- BARBER v. THE STATE OF NEW JERSEYDistrict Court, D. New Jersey · 2024
- Brown v. Rock Ridge Insurance CompanyDistrict Court, W.D. Oklahoma · 2024
- GABRIELLA'S LLC v. THE HARTFORD INSURANCE GROUPDistrict Court, D. New Jersey · 2021
3 more not listed; retrieve them via the Exa API.