Legal Opinion

Lincoln Property Co. v. Roche

Supreme Court of the United States

Decided November 29, 2005No. 04-712PublishedCited by 1,284 opinions

1Opinion of the CourtJustice Ginsbubg

This case concerns 28 U. S. C. § 1441, which authorizes the removal of civil actions from state court to federal court when the action initiated in state court is one that could have been brought, originally, in a federal district court. § 1441(a). When federal-court jurisdiction is predicated on the parties’ diversity of citizenship, see §1332, removal is permissible “only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which [the] action [was] brought.” § 1441(b).

Christophe and Juanita Roche, plaintiffs below, respondents here, are…

2Cases cited21 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
  3. Strawbridge v. CurtissSupreme Court of the United States · 1806
  4. Carden v. Arkoma AssociatesSupreme Court of the United States · 1990
  5. Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968

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3Cited by1,284 opinions

  1. 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
  2. Lincoln Benefit Life Co. v. AEI Life, LLCCourt of Appeals for the Third Circuit · 2015
  3. Home Depot U. S. A., Inc. v. JacksonSupreme Court of the United States · 2019
  4. Federal Home Loan Mortgage Corp. v. SchwartzwaldOhio Supreme Court · 2012
  5. Middleton Ex Rel. National Financial Systems Management, Inc. v. StephensonCourt of Appeals for the Tenth Circuit · 2014

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