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· 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 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.