· 8/8/2008
City of Cleveland v. Deutsche Bank Trust Co.
Citations
- 571 F. Supp. 2d 807
- 2008 U.S. Dist. LEXIS 64445
- 2008 WL 3822939
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that “Harper stands for the proposition that a party seeking to remove a case to federal court need do no more than obtain the consent of his fellow defendants and make a timely representation of that consent to the court[ ]”
- defendant “could have accomplished a valid removal merely by representing to the Court that its co-defendants consented to the removal”
- “[A] corporation cannot appear in federal court pro se, but must be represented by counsel.”
- “The general impetus for applying § 1447(e) is for the trial court to use its discretion and determine if allowing joinder would be fair and equitable.” (internal quotations omitted)
- “At the outset, the City’s contest of the validity of the written consents fails because, under Sixth Circuit authority [Harper], defendants can express consent to removal without making any filing in writing, but merely by joining in opposition to a motion to remand.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sara Lioi
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.