Legal Opinion
Odutola v. Branch Banking & Trust Co.
Court of Appeals for the D.C. Circuit
Decided August 7, 2018No. Case No. 18-cv-00094-RCLPublishedCited by 8 opinions
1Opinion of the Court
A. Legal Standard
Civil actions filed in state court may be removed to a United States district court by the defendant so long as the case could have originally been filed in federal court. 28 U.S.C. § 1441(a) (2012). However, "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." Id. § 1447(c). A challenge to subject matter jurisdiction may be raised on a motion to remand by the parties. Id. A "party opposing a motion to remand bears the burden of establishing that subject matter jurisdiction exists in federal…
2Cases cited20 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erickson v. PardusSupreme Court of the United States · 2007
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
- Atherton v. District of Columbia Office of the MayorCourt of Appeals for the D.C. Circuit · 2009
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3Cited by8 opinions
- Ahmed v. GableDistrict Court, District of Columbia · 2023
- Brake v. BedfordDistrict Court, District of Columbia · 2026
- Hayman v. Bldg Metro Capital LLCDistrict Court, District of Columbia · 2023
- Hicks v. Dc Water & Sewer AuthorityDistrict Court, District of Columbia · 2025
- Judd v. Service Employees International Union Local 32bjDistrict Court, District of Columbia · 2020
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