Legal Opinion

Bradgate Associates, Inc. v. Fellows, Read & Associates, Inc.

Court of Appeals for the Third Circuit

Decided July 26, 1993No. 92-5506PublishedCited by 76 opinions

1Opinion of the Court

OPINION OF THE COURT

LEWIS, Circuit Judge.

This appeal requires us to determine whether a district court may remand a ease, originally brought in federal court and later consolidated with a removed state court action, after it has correctly concluded that it lacked jurisdiction over either component of the consolidated cases. We hold that it may only remand the removed state court action, and therefore we will reverse the remand order in part. Because we also find that the district court erred in its consideration of whether the federal plaintiff conducted a reasonable inquiry into its…

2Cases cited15 opinions

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  4. Business Guides, Inc. v. Chromatic Communications Enterprises, Inc.Supreme Court of the United States · 1991
  5. Willy v. Coastal Corp.Supreme Court of the United States · 1992

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3Cited by76 opinions

  1. In Re: Tmi Litigation Lori Dolan Joseph Gaughan Ronald Ward Estate of Pearl Hickernell Kenneth Putt Estate of Ethelda Hilt Paula Obercash Jolene Peterson Estate of Gary Villella Estate of Leo Beam, No. 96-7623 in Re: Tmi Litigation All Except Lori Dolan, Joseph Gaughan, Ronald Ward, Estate of Pearl Hickernell, Kenneth Putt, Estate of Ethelda Hilt, Paula Obercash, Jolene Peterson, Estate of Gary Villella and Estate of Leo Beam, No. 96-7624 in Re: Tmi LitigationCourt of Appeals for the Third Circuit · 1999
  2. Cunningham v. BHP Petroleum Great Britain PLCCourt of Appeals for the Tenth Circuit · 2005
  3. Joseph C. Balazik Edith C. Balazik David Bedard Judith L. Bedard Donald F. Fricchione, M.D. Maria Claudia Fricchione Joseph F. Salzinger Douglas G. Ricker Christine L. Ricker, on Behalf of Themselves and All Owners of Real Property That Was Constructed or Rehabilitated in the Townships Since July 1, 1983 v. County of Dauphin Dauphin County Board of Assessment Appeals Derry Township Lower Paxton Township Lower Swatara Township Susquehanna Township Swatara Township Central Dauphin School District Derry Township School District Lower Dauphin School District Middletown Area School District Steelton-Highspire School District Susquehanna School District, the Honorable William W. Caldwell, Nominal Swatara Township, Joseph C. Balazik Edith C. Balazik David Bedard Judith L. Bedard Donald F. Fricchione, M.D. Maria Claudia Fricchione Joseph F. Salzinger Douglas G. Ricker Christine L. Ricker, on Behalf of Themselves and All Owners of Real Property That Was Constructed or Rehabilitated in the Townships Since July 1, 1983 v. County of Dauphin Dauphin County Board of Assessment Appeals Derry Township Lower Paxton Township Lower Swatara Township Susquehanna Township Swatara Township Central Dauphin School District Derry Township School District Lower Dauphin School District Middletown Area School District Steelton-Highspire School District Susquehanna School District, Swatara TownshipCourt of Appeals for the Third Circuit · 1995
  4. In Re Orthopedic Bone Screw Products Liability Litigation MdlCourt of Appeals for the Third Circuit · 1997
  5. Trans Penn Wax Corporation v. Michael MccandlessCourt of Appeals for the Third Circuit · 1995

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