Legal Opinion
Bosky v. Kroger Texas, LP
Court of Appeals for the Fifth Circuit
Decided April 8, 2002No. 01-40715PublishedCited by 211 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This is an appeal from a grant of summary judgment in a slip and fall case. The plaintiff challenges the timeliness of the removal to federal court of this diversity case and the grant of summary judgment on the merits of her claim for personal injury suffered in a slip and fall at a Kroger store. We affirm. We agree with the grant of summary judgment on the merits and that the case was properly removed. We write further only to explain the standard for resolving the question of timeliness of removal.
I
There is a difference in language in the two…
2Cases cited17 opinions
- Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.Court of Appeals for the Fifth Circuit · 1995
- De Aguilar v. Boeing Co.Court of Appeals for the Fifth Circuit · 1995
- Thomas W. Wilson v. David W. Belin and G. Robert BlakeyCourt of Appeals for the Fifth Circuit · 1994
- S.W.S. Erectors, Inc. v. Infax, Inc.Court of Appeals for the Fifth Circuit · 1996
- Chickasaw Nation v. United StatesSupreme Court of the United States · 2001
12 more not listed; retrieve them via the Exa API.
3Cited by211 opinions
- Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Tony Mumfrey v. CVS Pharmacy, Inc.Court of Appeals for the Fifth Circuit · 2013
- Connie Dietrich v. the Boeing CompanyCourt of Appeals for the Ninth Circuit · 2021
- Curtis Morgan v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 2018
206 more not listed; retrieve them via the Exa API.