Clawson v. FedEx Ground Package System, Inc.

How courts have described this case

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

• stating that a non-resident defendant can remove even if a resident defendant is joined, so long as the non-resident defendant removes prior to service
• explaining that “[t]he ordinary rule in federal courts is that an argument raised for the first time in a reply brief or memorandum will not be considered” absent certain exceptions not present here
• considering an argument raised for the first time in a reply brief because the opponent had filed a surreply on the issue
• noting the “ordinary rule in federal courts . . . that an argument raised for the first time in a reply brief or memorandum will not be considered.”
• explaining courts have discretion to decline to reach arguments raised for the first time in reply brief, particularly where opposition does not have an opportunity to respond to the newly raised argument
• “The ordinary rule in federal courts is that an argument raised for the first time in a reply brief or memorandum will not be considered.”

Source: CourtListener parenthetical corpus (CC0).