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· 10/9/1992

Allstate Insurance v. Preston

Citations

  • 842 F. Supp. 1441
  • 1992 U.S. Dist. LEXIS 22138
  • 1992 WL 557696

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, because a previously removed case had never been remanded, the state trial court lacked jurisdiction to proceed in the action
  • concluding that state court lacked jurisdiction over an action that had been removed and then dismissed without prejudice but not remanded; denying, however, injunctive relief to prevent further litigation in state court
  • concluding “that further litigation of the action in state court is improper” after removal and until the case is remanded
  • “Section 1446(d) provides that, after an action has been removed to federal court, the state court shall proceed no further unless and until the case is remanded. Because the case was never remanded . . . the state court is without jurisdiction to proceed in the action”
  • “Section 1446(d) provides that, after an action has been removed to federal court, the state court shall proceed no further unless and until the case is remanded. Because the case was never remanded . . . the state court is without jurisdiction to proceed in the action”

Source: CourtListener parenthetical corpus (CC0).

Judges: Atkins

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.