Legal Opinion
Amy Roth v. Cha Hollywood Medical Center
Court of Appeals for the Ninth Circuit
Decided June 27, 2013No. 13-55771PublishedCited by 284 opinions
1Opinion of the Court
OPINION
W. FLETCHER, Circuit Judge:
Defendants appeal from the district court’s remand to state court under the Class Action Fairness Act (“CAFA”). 28 U.S.C. § 1453(c)(1). The district court construed 28 U.S.C. § 1446(b)(1) and (b)(3) to permit removal only during the two thirty-day periods specified in those subsections. It held that removal was improper because defendants had not sought removal during either such period. We granted review and now reverse.
Section 1446(b)(1) and (b)(3) specify that a defendant must remove a case within thirty days of receiving from the plaintiff either an…
2Cases cited4 opinions
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- Robert H. Harris v. Bankers Life and Casualty Company Kenneth L. BrownCourt of Appeals for the Ninth Circuit · 2005
- S.W.S. Erectors, Inc. v. Infax, Inc.Court of Appeals for the Fifth Circuit · 1996
- Willene Lowdermilk v. United States Bank National AssociationCourt of Appeals for the Ninth Circuit · 2007
3Cited by284 opinions
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- P. Rea v. Michaels Stores IncCourt of Appeals for the Ninth Circuit · 2014
- Richard Reyes v. Dollar Tree Stores, Inc.Court of Appeals for the Ninth Circuit · 2015
- Kris Kenny v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2018
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