· 3/21/2006
Federal Insurance Company v. TYCO INTERNATIONAL
Citations
- 422 F. Supp. 2d 357
- 2006 U.S. Dist. LEXIS 12434
- 2006 WL 728400
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “proper service of process under state law is required to trigger a defendant’s removal obligations”
- explaining that “[o]ut of respect for the independence of state courts, and in order to control the federal docket, federal courts construe the removal statute narrowly, resolving any doubts against removability” (quotation marks omitted)
- explaining that “[o]ut of respect for the independence of state courts, and in order to control the federal docket, federal courts construe the removal statute narrowly, resolving any doubts against removability” (alteration in original) (quotation marks omitted)
- referring to the “guiding principle” that “the propriety of removal is to be determined by the pleadings at the time of removal”
- deeming a motion to remand timely when the initial motion was made within the 30-day window but was denied without prejudice for failing to comply with the court’s pre-motion conference requirement
- applying state law in evaluating pre-removal joinder of claims and parties
Source: CourtListener parenthetical corpus (CC0).
Judges: Karas
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.