· 7/11/1994
In the Matter of Continental Casualty Company
Citations
- 29 F.3d 292
- 1994 U.S. App. LEXIS 17014
- 1994 WL 328570
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that procedural defects in removal must be resolved quickly or not at all
- holding that the Supreme Court’s gloss on section 1447(d) “permits us to decide whether a district court has the power to do what it did, although we cannot examine whether a particular exercise of power was proper” (citing In re Allstate Ins. Co., 8 F.3d 219 (5th Cir. 1993))
- “Section 1446 establishes procedures for removal, and a ‘defect in the removal procedure’ means failure to comply with § 1446.”
- “Procedural issues [regarding removal] must be resolved quickly or not at all, and once the 30 days have passed the parties may conduct the litigation without risk of a sudden change of forum (unless it turns out that the federal court lacks jurisdiction).”
- procedural defects in removal may be waived or forfeited
- discussing non- jurisdictional objections to removal
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Easterbrook, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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