Legal Opinion
Phillips v. Allstate Insurance
District Court, C.D. California
Decided January 10, 1989No. CV 88-7436 HLHPublishedCited by 27 opinions
1Opinion of the Court
ORDER REMANDING ACTION TO THE SUPERIOR COURT OF LOS ANGELES COUNTY
HUPP, District Judge.
FACTUAL AND PROCEDURAL BACKGROUND
The recent passage of the Judicial Improvement and Access to Justice Act (hereafter the “Act”) has raised a number of questions regarding the removal of pending state cases, on diversity grounds, in which fictitious defendants are named. This case is one of the first snowballs in what has become an avalanche of notices of removal, and its facts present two important procedural issues: (1) what is the effect of the Act upon the requirement of 28 U.S.C. § 1446(b) that a…
2Cases cited20 opinions
- Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913
- Libhart v. Santa Monica Dairy Co.Court of Appeals for the Ninth Circuit · 1979
- Aetna Casualty & Surety Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1947
- In Re La Providencia Development CorporationCourt of Appeals for the First Circuit · 1969
- Friel v. Cessna Aircraft Co.Court of Appeals for the Ninth Circuit · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Corinthia Louise Wilson v. General Motors CorporationCourt of Appeals for the Eleventh Circuit · 1989
- Righetti v. Shell Oil Co.District Court, N.D. California · 1989
- Coman v. International Playtex, Inc.District Court, N.D. California · 1989
- Rezendes v. Dow Corning Corp.District Court, E.D. California · 1989
- Zogbi v. Federated Department StoreDistrict Court, C.D. California · 1991
22 more not listed; retrieve them via the Exa API.