Legal Opinion
Miller v. Lambeth
Court of Appeals for the Tenth Circuit
Decided April 11, 2006No. 05-3207PublishedCited by 21 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
This appeal raises an interesting issue regarding our jurisdiction to review a district court order remanding a case to state court after the defendant had removed it to federal court. We hold that we lack jurisdiction and dismiss the appeal.
I
The statutory provisions governing remands of cases removed to federal court are 28 U.S.C. § 1447(c) and (d), which state:(e) A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time…
2Cases cited15 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- MacH v. TRIPLE D SUPPLY, LLCDistrict Court, D. New Mexico · 2011
- Wiatt v. State Farm Insurance CompaniesDistrict Court, D. New Mexico · 2007
- Public Employees Retirement Ass'n v. Clearlend SecuritiesDistrict Court, D. New Mexico · 2011
- Alvey v. BeyDistrict Court, D. Kansas · 2019
- Biro v. SmithDistrict Court, D. Colorado · 2023
16 more not listed; retrieve them via the Exa API.