Legal Opinion
In re Crystal Power Co.
Court of Appeals for the Fifth Circuit
Decided March 21, 2011No. 11-40115PublishedCited by 4 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Crystal Power Company, Ltd. filed this suit in Texas state court in 2002. The case was removed to federal court in 2010 by an intervening plaintiff who became named as the defendant on several cross-claims. Because the removal statute may only be invoked by a true defendant, not a cross-defendant, we grant the petition for writ of mandamus and instruct the district court to remand the case to state court.
I
Crystal Power, a corporation based in El Salvador, retained attorney Vidal Martinez in June 2002 to pursue litigation against several parties in the…
2Cases cited24 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
- Cheney v. United States District Court for District of ColumbiaSupreme Court of the United States · 2004
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3Cited by4 opinions
- In Re Crystal Power Co., Ltd.Court of Appeals for the Fifth Circuit · 2011
- Estate of Shirley L. Benson, Texas Court of Appeals, 4th District (San Antonio)2015
- In Re Crystal Power Co., Ltd.Court of Appeals for the Fifth Circuit · 2011
- Muriel Fiedler v. Mace BrindleyCourt of Appeals for the Fifth Circuit · 2018