Irene Hurt v. Dow Chemical Company Rose Exterminator Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the presence of a resident defendant in a removed case is not a waivable procedural defect, but is a lack of removal jurisdiction
• holding that a violation of § 1441(b) is a non-waivable jurisdictional defect
• holding that the rule is jurisdictional and may not be waived
• describing “complete preemption” as an exception to the rule that removal jurisdiction must be based on the plaintiffs claim as pleaded
• refusing to ex the complete preemption doctrine to the Federal Insecticide, Fungicide, and Rodenti Act, 7 U.S.C. §§136-136y
• refusing to extend the complete preemption doctrine to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-136y

Source: CourtListener parenthetical corpus (CC0).