Legal Opinion

Consort v. Northwest Corporation

District Court, D. Montana

Decided March 19, 2020No. 2:20-cv-00010Unknown

1Opinion

FILED 3/19/2020 Clerk, U.S, District Cou IN THE UNITED STATES DISTRICT COURT THockeaeaee FOR THE DISTRICT OF MONTANA BUTTE DIVISION JAMES CONSORT and GILLIAN CONSORT, husband and wife, No. CV 20-10-BU-SEH Plaintiffs, VS. ORDER NORTHWEST CORPORATION and DAVEY TREE, INC., Defendants. Defendant NorthWestern Corporation! removed this action from state court by Notice of Removal’ filed on March 11, 2020. However, jurisdiction is not well- pleaded. The removal statute is strictly construed against removal jurisdiction.’ The “strong presumption” against removal jurisdiction requires that a defendant…

2Cases cited4 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
  3. Hewitt v. City of StantonCourt of Appeals for the Ninth Circuit · 1986
  4. Mitchell v. Paws Up Ranch, LLCDistrict Court, D. Montana · 2009

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