Legal Opinion
Blow v. Liberty Travel, Inc.
District Court, E.D. Pennsylvania
Decided September 28, 1982No. Civ. A. 82-3233PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM
NEWCOMER, District Judge.
Plaintiffs move to remand this case to the Pennsylvania Court of Common Pleas from which it has been removed by defendants pursuant to 28 U.S.C. § 1446. Plaintiffs’ only ground for remand is that the defendants’ petition for removal was untimely.
Failure to file a petition for removal within the thirty days provided by § 1446(b) is a sufficient ground on which to remand. Typh, Inc. v. Typhoon Fence of Pa., Inc., 461 F.Supp. 994 (E.D.Pa.1978). The burden of proof is on the petitioning defendants to establish their right to removal, including their compliance…
2Cases cited6 opinions
- P. P. Farmers' Elevator Company, a Corporation v. Farmers Elevator Mutual Insurance Co., and New Amsterdam Casualty CompanyCourt of Appeals for the Seventh Circuit · 1968
- Albonetti v. GAF Corporation-Chemical GroupDistrict Court, S.D. Texas · 1981
- Kaneshiro v. North American Co. for Life & Health InsuranceDistrict Court, D. Hawaii · 1980
- Fisher v. United Airlines, Inc.District Court, S.D. New York · 1963
- International Equity Corp. v. Pepper and Tanner, Inc.District Court, E.D. Pennsylvania · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Rowe v. MarderDistrict Court, W.D. Pennsylvania · 1990
- Robinson v. Quality InsuranceDistrict Court, S.D. Alabama · 1986
- Broderick v. DellasandroDistrict Court, E.D. Pennsylvania · 1994
- Carroll v. United Air Lines, Inc.District Court, D. New Jersey · 1998
- Dawson v. Orkin Exterminating Co., Inc.District Court, D. Colorado · 1990
15 more not listed; retrieve them via the Exa API.