Legal Opinion
Shapiro v. Logistec USA Inc.
Court of Appeals for the Second Circuit
Decided June 20, 2005No. Docket No. 04-0733-CVPublishedCited by 34 opinions
1Opinion of the Court
SACK, Circuit Judge.
We confront here the issues of 1) under what circumstances we may review a district court’s order remanding a diversity action to state court, 2) when a district court may reconsider its own remand motion, and 3) when, if ever, a plaintiff will be deemed to have waived his objection to removal by filing his motion for remand after the statutory period for doing so has run. We conclude, inter alia, that a) the remand granted by the district court in this case was made pursuant to 28 U.S.C. § 1441(b), which prohibits a defendant from removing an action to federal court on…
2Cases cited36 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
31 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Emma C. Lively v. Wild Oats Markets, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2006
- Carmen Bryant v. J.D. Britt and Mattie Britt, Docket No. 04-4669-CvCourt of Appeals for the Second Circuit · 2005
- Shapiro v. Logistec Usa Inc.Court of Appeals for the Second Circuit · 2005
- Ballard v. District of ColumbiaDistrict Court, District of Columbia · 2012
- Joseph Agostini v. Piper Aircraft CorpCourt of Appeals for the Third Circuit · 2013
29 more not listed; retrieve them via the Exa API.