· 8/13/2008
Ethington v. General Electric Co.
Citations
- 575 F. Supp. 2d 855
- 2008 U.S. Dist. LEXIS 76429
- 2008 WL 4183900
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a literal interpretation of [28 U.S.C. § 1441(b)(2)] creates an opportunity for gamesmanship by defendants, which could not have been the intent of the legislature in drafting the ‘properly joined and served’ language”
- indicating that “applying plain language of § 1441(b) would produce a result demonstrably at odds with Congressional intent underpinning the forum defendant rule”
- explaining that “[t]he forum defendant rule generally prohibits defendants from removing a case” when the suit was filed “in the defendant’s own home state courts”
- explaining that [t]he forum defendant rule generally prohibits defendants form removing a case” when the suit was filed “in the defendant’s own home state courts”
- discussing the forum defendant rule and interpreting the text of Section 1441(b)
- remanding case to state court for violation of forum defendant rule
Source: CourtListener parenthetical corpus (CC0).
Judges: Dan Aaron Polster
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.