Legal Opinion
Robert H. Harris v. Bankers Life and Casualty Company Kenneth L. Brown
Court of Appeals for the Ninth Circuit
Decided October 6, 2005No. 04-35115PublishedCited by 653 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge.
We consider for the first time in this circuit whether the jurisdictional facts supporting removal of an action from state court to federal court must be apparent from the face of the initial pleading or whether the mere spectre of removability triggers a duty of inquiry. Specifically, is removability determined by the face of the initial pleading or by defendant’s knowledge, constructive or otherwise, of the requisite jurisdictional facts? Our interpretation of 28 U.S.C. § 1446 leads us to join our sister circuits in holding that the “thirty day time period [for…
2Cases cited20 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Susan Kanter Sharon Plunk v. Warner-Lambert Co. And Pfizer Inc.Court of Appeals for the Ninth Circuit · 2001
- Smith v. SperlingSupreme Court of the United States · 1957
- Leffall v. Dallas Independent School DistrictCourt of Appeals for the Fifth Circuit · 1994
- Adam Frederick Chapman v. Powermatic, Inc.Court of Appeals for the Fifth Circuit · 1992
15 more not listed; retrieve them via the Exa API.
3Cited by653 opinions
- 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
- Carvalho v. Equifax Information Services, LLCCourt of Appeals for the Ninth Circuit · 2010
- Shanna Kuxhausen v. Bmw Financial Services Na LlcCourt of Appeals for the Ninth Circuit · 2013
- Durham v. Lockheed Martin Corp.Court of Appeals for the Ninth Circuit · 2006
- Willene Lowdermilk v. United States Bank National AssociationCourt of Appeals for the Ninth Circuit · 2007
648 more not listed; retrieve them via the Exa API.