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· 1/3/1980

Jack Fristoe v. Reynolds Metals Co.

Citations

  • 615 F.2d 1209
  • 104 L.R.R.M. (BNA) 3041
  • 1980 U.S. App. LEXIS 21691

How courts have described this case

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

  • holding that section 1446’s removal deadline is a mandatory claims-processing rule and that a party may waive objections to untimely removal by failure to timely 12 object
  • holding that the 26 statutory time limit for removal “is mandatory[.]”
  • noting that “the time limit is 26 || mandatory and a timely objection to a late petition will defeat removal”
  • stating that “[m]ere omission of reference to LMRA § 301 in the complaint does not preclude federal subject matter jurisdiction” and recharacterizing a plaintiff’s complaint as one arising under § 301
  • “[T]he time limit is mandatory and a timely objection to a late petition will defeat removal . . . .”
  • “The statutory time limit for removal petitions is merely a formal and modal requirement and is not jurisdictional.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Kennedy, Hatfield

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.