Legal Opinion
In Re: Fmc Corporation Packaging Systems Division, in No. 99-5220
Court of Appeals for the Third Circuit
Decided March 23, 2000No. 99-5220, 99-5302, 99-5328 and 99-5329PublishedCited by 63 opinions
1Opinion of the Court
OPINION OF THE COURT
MANSMANN, Circuit Judge.
These consolidated appeals require that we clarify our position with respect to the scope of the District Court’s authority to remand, sua sponte, cases removed to the federal courts pursuant to the Federal Removal Statute, 28 U.S.C. § 1441 et seq. (the Act). Specifically, we address whether a District Court exceeds its authority under section 1447(c) of the Act when it raises, sua sponte, a procedural defect in the petition for removal and remands the case on that basis. Because we are convinced that such sua sponte action falls outside the scope…
2Cases cited20 opinions
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Smith v. BarrySupreme Court of the United States · 1992
- Gaming Corporation of America Golden Nickel Casinos, Inc. v. Dorsey & Whitney, a Partnership, in Re Dorsey & Whitney, a PartnershipCourt of Appeals for the Eighth Circuit · 1996
15 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Kelton Arms Condominium Owners Association, Inc. v. Homestead Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
- Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
- Liana Revock v. Cowpet Bay West Condominium AsCourt of Appeals for the Third Circuit · 2017
- Trustees of the National Elevator Industry Pension, Health Benefit and Educational Funds v. Andrew LutykCourt of Appeals for the Third Circuit · 2003
- A.S. v. SmithKline Beecham Corp.Court of Appeals for the Third Circuit · 2014
58 more not listed; retrieve them via the Exa API.