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· 12/9/2003

Ariel Land Owners, Inc. v. Lori Dring Nancy Asaro

Citations

  • 351 F.3d 611
  • 2003 U.S. App. LEXIS 24664

How courts have described this case

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

  • holding that the “failure to remove within the one-year time limit established by § 1446(b) is not a jurisdictional defect”
  • holding that a district court’s dismissal of claims preceding its remand was a “final decision” under § 1291
  • recognizing that remand under § 1447(c) based on a procedural defect “may only be effected by a timely motion”
  • holding that timeliness is not a colorably jurisdictional basis for remand
  • removal jurisdiction was proper notwithstanding one-year bar because case “could have initially been filed in federal court”
  • removal jurisdiction was proper notwithstanding one-year bar because case “could have initially been filed in federal court”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Smith, Greenberg

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.