Legal Opinion
Able v. Upjohn Co.
Court of Appeals for the Fourth Circuit
Decided October 1, 1987No. 86-2674PublishedCited by 26 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
John David Able appeals from the entry of summary judgment against him in his suit against The Upjohn Company, Inc. Able argues that the district court lacked subject matter jurisdiction because the removal of his case to federal court was improper under 28 U.S.C. § 1441(c). Although we find merit in Abie’s claim that removal was improper under § 1441(c), we nonetheless affirm the judgment. The posture of the case at the time of judgment supported the exercise of federal jurisdiction, and we do not believe that the judgment of the district court should be disturbed…
2Cases cited19 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
- Harriet M. Gould, an Unremarried Widow v. Mutual Life Insurance Company of New York, a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1986
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- Mildred MARSHALL, Plaintiff-Appellant, v. MANVILLE SALES CORPORATION, Defendant-Appellee, and Robert L. Mason, DefendantCourt of Appeals for the Fourth Circuit · 1993
- Higgins v. E.I. DuPont de Nemours & Co.Court of Appeals for the Fourth Circuit · 1988
- Texas Ex Rel. Board of Regents of the University of Texas System v. WalkerCourt of Appeals for the Fifth Circuit · 1998
- Landmark Corp. v. Apogee Coal Co.District Court, S.D. West Virginia · 1996
21 more not listed; retrieve them via the Exa API.