Legal Opinion
Johnston v. St. Paul Fire and Marine Ins. Co.
District Court, E.D. Michigan
Decided March 20, 2001No. 00-74313PublishedCited by 11 opinions
1Opinion of the Court
OPINION AND ORDER OF REMAND
ROSEN, District Judge.
On January 10, 2001, this Court issued an Order to Show Cause, directing Third-Party Defendant Heartland Express, Inc. (“Heartland”) to identify a proper basis for its removal of this entire action to this Court, including both the principal and third-party complaints. As noted in the January 10 Order, the weight of authority indicates that third-party defendants are not “defendants” within the meaning of 28 U.S.C. § 1441(a), so that Heartland may not invoke this provision to remove this case from state to federal court. 1
On January 22, 2001,…
2Cases cited7 opinions
- Jeffrey D. Brierly, Administrator of the Estate of Paul Brierly v. Alusuisse Flexible Packaging, Inc. David EllisonCourt of Appeals for the Sixth Circuit · 1999
- Lewis v. Windsor Door Co.Court of Appeals for the Eighth Circuit · 1991
- Ford Motor Credit Co. v. Aaron-Lincoln Mercury, Inc.District Court, N.D. Illinois · 1983
- Soper v. KahnDistrict Court, D. Maryland · 1983
- Salei v. Boardwalk Regency Corp.District Court, E.D. Michigan · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Federal Insurance Company v. TYCO INTERNATIONALDistrict Court, S.D. New York · 2006
- MBIA Ins. Corp. v. Royal Bank of CanadaDistrict Court, S.D. New York · 2009
- First National Bank of Pulaski v. John T. Curry, Defendants/counter and Third-Party Henry, Henry & Speer, P.C., Defendants/third-Party William R. Horne, Third-Party Johnnie M. Curry v. First National Bank of Pulaski, Henry, Henry & Speer, P.C.Court of Appeals for the First Circuit · 2002
- First National Bank v. CurryCourt of Appeals for the Sixth Circuit · 2002
- Veneruso v. Mount Vernon Neighborhood Health CenterDistrict Court, S.D. New York · 2013
6 more not listed; retrieve them via the Exa API.