Legal Opinion
King v. Kayak Manufacturing Corp.
District Court, N.D. West Virginia
Decided July 15, 1988No. Civ. A. 88-0031-CPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
MAXWELL, Chief Judge.
Originally instituted in the Circuit Court of Monongalia County, West Virginia, this action was removed by Defendant Kayak Manufacturing Corporation (“Kayak”) to this Court on March 16, 1988. Inasmuch as removal was not perfected until twenty-two (22) days after the jury returned a verdict in the State Court, Plaintiff filed the motion to remand now under consideration, arguing that Kayak has waived its right to remove this action by participating in a trial on the merits and by making dispositive motions in State Court after the action became removable.
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2Cases cited10 opinions
- Billy Max Brown v. Demco, Inc. v. Employers Casualty Co., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1986
- Heniford v. American Motors Sales Corp.District Court, D. South Carolina · 1979
- Rosenthal v. CoatesSupreme Court of the United States · 1893
- Bedell v. H.R.C. Ltd.District Court, E.D. Kentucky · 1981
- In Re Iowa Manufacturing Company of Cedar Rapids, IowaCourt of Appeals for the Eighth Circuit · 1984
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3Cited by6 opinions
- Entrekin v. Fisher Scientific Inc.District Court, D. New Jersey · 2001
- State Farm Fire & Casualty Co. v. Valspar Corp.District Court, D. South Dakota · 2010
- Hibbs v. Consolidation Coal Co.District Court, N.D. West Virginia · 1994
- Estate of Combas Martinez v. Barros & CarrionDistrict Court, D. Puerto Rico · 2009
- Lockhart v. Dolgencorp, LLCDistrict Court, S.D. West Virginia · 2019
1 more not listed; retrieve them via the Exa API.