· 7/31/2009
Brown v. Jevic
Citations
- 575 F.3d 322
- 62 Collier Bankr. Cas. 2d 177
- 29 I.E.R. Cas. (BNA) 1056
- 2009 U.S. App. LEXIS 17028
- 51 Bankr. Ct. Dec. (CRR) 243
- 2009 WL 2342731
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “[t]he removal statute, 28 U.S.C. §§ 1441-1452, does not categorically prohibit the filing of a second removal petition” and, therefore, “a second notice of removal is permissible” (brackets and internal quotation marks omitted)
- “Removal statutes are to be strictly construed, with all doubts to be resolved in favor of remand.”
- “In the typical case, where all defendants must consent to removal, a defendant who has not been served need not consent to removal.”
- “The removing party . . . carries a heavy burden of showing that at all stages of the litigation the case is properly before the federal court.”
- “Federal courts should not sanction devices intended to prevent a removal to a Federal court where one has that right.” (quoting Wecker v. Nat’l Enameling & Stamping Co., 204 U.S. 176, 186 (1907))
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Hardiman, Pollak
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.