Legal Opinion
Delalla v. Hanover Insurance
Court of Appeals for the Third Circuit
Decided October 12, 2011No. 10-3933, 11-1532PublishedCited by 20 opinions
1Opinion of the Court
OPINION
SMITH, Circuit Judge.
In order to remove a lawsuit filed in state court to a federal district court under the federal removal statute, 28 U.S.C. §§ 1441, 1446, a defendant must file a notice of removal within thirty days of the date on which the plaintiff serves “the defendant.” Courts have split in interpreting this thirty day limitation: the Fourth and Fifth Circuits have held that the thirty day period ends thirty days after the first defendant is served (the “first-served” rule), and the Sixth, Eighth, Ninth, and Eleventh Circuits have held that each defendant has a thirty day…
2Cases cited22 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Bowles v. RussellSupreme Court of the United States · 2007
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Encompass Insurance Co v. Stone Mansion Restaurant IncCourt of Appeals for the Third Circuit · 2018
- Pietrangelo v. Alvas Corp.Court of Appeals for the Second Circuit · 2012
- United States v. Robert MenendezCourt of Appeals for the Third Circuit · 2016
- Baldy v. First Niagara Pavilion, C.C.R.L., LLCDistrict Court, W.D. Pennsylvania · 2015
- American Asset Finance, LLC v. Corea FirmDistrict Court, D. New Jersey · 2011
15 more not listed; retrieve them via the Exa API.