Legal Opinion
Bejcek v. Allied Life Financial Corp.
District Court, S.D. Iowa
Decided January 10, 2001No. 4:00-cv-10410PublishedCited by 4 opinions
1Opinion of the Court
OPINION, RULING GRANTING MOTION TO REMAND, AND ORDER REMANDING PETITION TO IOWA DISTRICT COURT FOR POLK COUNTY
LONGSTAFF, District Judge.
Plaintiffs filed a two-count petition against defendants in the Iowa District Court for Polk County. Defendants removed the petition to this court, pursuant to 28 U.S.C. § 1441. Plaintiffs move to remand the petition to state court, pursuant to 28 U.S.C. § 1447, arguing, among other things, that this court lacks subject-matter jurisdiction over the case.
I. BURDEN OF PROOF
Because defendants seek removal and oppose the remand motion, they have the burden of…
2Cases cited28 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- In Re Business Men's Assurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1993
- Gus Poulos and A.G.P. Marketing v. Naas Foods, Incorporated and Ranks, Hovis, McDougall Plc Group (Rhm Holdings U.S.A. Incorporated)Court of Appeals for the Seventh Circuit · 1992
- Billy Joe Shaw v. Dow Brands, Inc.Court of Appeals for the Seventh Circuit · 1993
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
23 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Holt v. Bradken, Inc.District Court, W.D. Missouri · 2022
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