McCraw v. Lyons
District Court, W.D. Kentucky
1Opinion of the Court
MEMORANDUM OPINION
HEYBURN, District Judge.
This case is before the Court on Plaintiffs Motion to Remand. Defendant removed this case from Christian County Circuit Court. Plaintiff contends that removal was improper because Defendant failed to file his Notice of Removal within thirty days of receipt of Plaintiffs Amended Complaint, as required by 28 U.S.C. § 1446(b). This case highlights the predicament facing defense attorneys who must determine the proper timing for removal of cases from state to federal court when faced with pleadings containing indeterminate amounts, as directed by Rule…
2Cases cited14 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
- Carol L. Kirchner GAFFORD, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1993
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3Cited by42 opinions
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- McPhail v. Deere & Co.Court of Appeals for the Tenth Circuit · 2008
- Gibson v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 2001
- Moltner v. Starbucks Coffee Co.Court of Appeals for the Second Circuit · 2010
- Korn v. Polo Ralph Lauren Corp.District Court, E.D. California · 2008
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