· 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 CourtListenerSourced 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.