· 3/14/2017
Hassan Chahadeh, M.D. v. Jacinto Medical Group, P.A. and Paradise Marketing and Consulting, L. P.
Citations
- 519 S.W.3d 242
- 2017 WL 976071
- 2017 Tex. App. LEXIS 2169
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that thirty-day removal clock “began in this case only when State Farm actually received the [plaintiff’s] complaint” from its statutorily designated agent
- stating that “an agent designated by the state legislature to receive service fundamentally differs from a defendant’s agent-in-fact, because the defendant has no meaningful say in or control over the former”
- applying Murphy Brothers and explaining that a defendant cannot be expected to engage in litigation until the defendant is formally brought under the court’s authority
- 30-day 25 removal clock begins when foreign insurer received notice from statutorily designated 26 agent
- “Thirty days from February 17 13, 2015, was Sunday March,15, 2015, so the notice of removal would have been timely filed on 18 Monday, March 16, 2015.”
- “We join the Fourth Circuit and hold that thirty-day removal clock under 28 U.S.C. § 1446(b)(1) does not begin upon service on and receipt by a statutorily designated agent….”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keyes, Bland, Huddle
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.