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· 4/8/2002

Bosky v. Kroger Texas, LP

Citations

  • 288 F.3d 208
  • 2002 U.S. App. LEXIS 6431
  • 2002 WL 522895

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 information supporting removal must be unequivocally clear and certain to commence the time clock for removal
  • holding that “the information supporting removal in a copy of an amended pleading ... must be unequivocally clear and certain to start the time limit running for a notice of removal” (internal quotation omitted)
  • holding that “the information supporting removal in a copy of an amended pleading, motion, order or other paper must be ‘unequivocally clear and certain’ to start the time limit running for a notice of removal under the second paragraph of section 1446(b).” (emphasis added)
  • holding that “the information supporting removal in a copy of an amended pleading, motion, order or other paper must be ‘unequivocally clear and certain’ to start the time limit running for a notice of removal under the second paragraph of section 1446(b).” (emphasis added)
  • providing that the removal window is triggered only when it is “unequivocally clear and certain” that federal jurisdiction exists
  • stating that it is “improper for a party to first remove and only then seek to develop facts showing that federal subject matter jurisdiction exists”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Demoss, Benavides

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.