· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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