· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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