Legal Opinion
Oviedo v. Hallbauer
Court of Appeals for the Fifth Circuit
Decided September 12, 2011No. 10-20736PublishedCited by 38 opinions
1Opinion of the Court
HAYNES, Circuit Judge:
Paola Oviedo appeals from the decision of the district court dismissing the case after (1) refusing to remand her state court medical negligence claim against two purportedly federally-affiliated doctors, (2) vacating her state court default judgment, and (3) substituting the United States as the defendant.
We agree with the appellant that the finality of the state court judgment at the time of removal made removal improper on these facts. We therefore VACATE the September 29, 2010 judgment (which incorporates the Memorandum Opinion and Order) and RENDER a judgment of…
2Cases cited15 opinions
- Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
- Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
- Baker v. GoldsmithTexas Supreme Court · 1979
- Davis v. Dallas Area Rapid TransitCourt of Appeals for the Fifth Circuit · 2004
- Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- In Re DEEPWATER HORIZONCourt of Appeals for the Fifth Circuit · 2014
- Thompson v. Deutsche Bank National Trust Co.Court of Appeals for the Fifth Circuit · 2014
- McKnight v. Dresser, Inc.Court of Appeals for the Fifth Circuit · 2012
- Herbert Fletcher v. United StatesCourt of Appeals for the Fifth Circuit · 2011
- An opinion was released in case 23-5091, Abram Harris v. U.S. Department of Transportation FMCSACourt of Appeals for the D.C. Circuit · 2024
33 more not listed; retrieve them via the Exa API.