Legal Opinion
Kaib v. Pennzoil Co.
District Court, W.D. Pennsylvania
Decided August 31, 1982No. Civ. A. 81-2311PublishedCited by 17 opinions
1Opinion of the Court
OPINION
ZIEGLER, District Judge.
Presently before the court is the question of whether a diversity action timely removed should be remanded to state court because the defendant has denied liability and averred that, if plaintiff is entitled to judgment, recovery must be had against non-diverse tortfeasors. We hold that a diversity action properly removed to a federal forum pursuant to 28 U.S.C. § 1441(a) can not be remanded to a state court pursuant to 28 U.S.C. § 1447(c) where the removal is neither improvident nor destructive of the original jurisdiction of the district court. The motion of…
2Cases cited5 opinions
- Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Field v. Volkswagenwerk AGCourt of Appeals for the Third Circuit · 1980
- Ca 79-3053 Publicker Industries, Inc. And Continental Distilling Corporation v. Roman Ceramics CorporationCourt of Appeals for the Third Circuit · 1979
- Samuel Weaver and Alice Weaver v. Marine BankCourt of Appeals for the Third Circuit · 1982
3Cited by17 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Steel Valley Authority v. Union Switch And Signal DivisionCourt of Appeals for the Third Circuit · 1987
- West Virginia Human Rights Commission v. GarretsonWest Virginia Supreme Court · 1996
- Schmitt v. Insurance Co. of North AmericaCourt of Appeals for the Ninth Circuit · 1988
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