Legal Opinion

Rosenfield v. Forest City Enters., L.P.

District Court, E.D. Pennsylvania

Decided March 28, 2018No. CIVIL ACTION NO. 17-2054PublishedCited by 12 opinions

1Opinion of the CourtEduardo C. Robreno, District Judge

Under the removal statute, 28 U.S.C. § 1446(b), a defendant has thirty days after being served with a complaint to remove a case to federal court. However, where, as here, it is not apparent from the face of the complaint that a case is removable, a defendant may remove within thirty *675days of receipt of an amended complaint, motion, order, or "other paper" from which it may first be ascertained that the case is removable.

In this case, Defendants' counsel first learned in pre-suit written communications with Plaintiff's counsel that the amount in controversy exceeded $75,000, and that therefore…

2Cases cited13 opinions

  1. Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
  2. Carvalho v. Equifax Information Services, LLCCourt of Appeals for the Ninth Circuit · 2010
  3. James F. Boyer and Mary R. Boyer v. Snap-On Tools Corporation, Kenneth Baldwin and Keith A. Kaiser. Appeal of James F. Boyer and Mary R. BoyerCourt of Appeals for the Third Circuit · 1990
  4. Shamell Samuel-Bassett, on Behalf of Herself and All Others Similarly Situated v. Kia Motors America, Inc.Court of Appeals for the Third Circuit · 2004
  5. 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

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3Cited by12 opinions

  1. Audi v. Sam's West, Inc.District Court, M.D. Pennsylvania · 2021
  2. BERRY v. WAL-MART STORES, EAST, L.P.District Court, E.D. Pennsylvania · 2022
  3. BMW AUTO SALES, INC. v. RED WOLF LOGISTICS, LLCDistrict Court, D. New Jersey · 2022
  4. Baucom v. Torres VidalDistrict Court, E.D. Pennsylvania · 2024
  5. Donegal Mutual Insurance Company v. Broan-NuTONE LLCDistrict Court, M.D. Pennsylvania · 2023

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