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· 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 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.