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· 6/18/1986

Billy Max Brown v. Demco, Inc. v. Employers Casualty Co., Intervenor-Appellant

Citations

  • 792 F.2d 478
  • 1986 U.S. App. LEXIS 26196

How courts have described this case

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

  • holding that removal was not warranted where later-served defendants were added to a four-year old state court action because no notice of removal was filed within thirty days of service on the first-served defendant
  • holding that a defendant waives its right to remove by invoking state-court processes
  • holding that removal was not warranted where later-served defendants were added to a four-year old state court action because no notice of removal was filed within thirty days of service on the first-served defendant
  • holding defendants waived by filing answers, amended answers, various mo tion, third-party demands, cross claims, and by participating in extensive discovery, all after case became removable
  • dispelling criticism in Wright & Miller; second defendant’s position is not any worse than if the first defendant refused to consent
  • finding waiver of right to removal where new defendant attempted removal when added to suit five years after suit had been pending and co-defendants had chosen to litigate for years in state court

Source: CourtListener parenthetical corpus (CC0).

Judges: Rubin, Politz, Johnson

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.