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· 7/26/1993

Bradgate Associates, Inc. v. Fellows, Read & Associates, Inc.

Citations

  • 999 F.2d 745
  • 26 Fed. R. Serv. 3d 587
  • 1993 U.S. App. LEXIS 19480
  • 1993 WL 274503

How courts have described this case

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

  • finding that the district court should have dismissed, rather than remand, a case originally filed in federal court
  • explaining that the district court erred in remanding case originally filed in federal court and, instead, should have dismissed case over which it lacked subject matter jurisdiction
  • finding that, where the district court lacks subject matter jurisdiction, it must remand a removed state court case, and it must dismiss a case, originallyfiled in federal court
  • reversing district court’s order remanding a consolidated case, and explaining “the district court should have remanded the removed case to state court and dismissed the case [plaintiff] originally filed in federal court”
  • remanding with instructions to determine whether Rule 11 sanctions were appropriate where the district court denied sanctions solely on the improper basis of “the extent to which [defendant] would or would not be prejudiced”
  • Rule 11 now “seeks to discourage pleadings without factual foundation, even though the paper was not filed in subjective bad faith”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stapleton, Roth, Lewis

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.