· 8/26/1992
John Doe, Father of John Doe and Mother of John Doe v. Robert I. Kerwood, D.O.
Citations
- 969 F.2d 165
- 1992 WL 189609
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing the equitable power of the court to consider exceptions to the 30-day limit on removal
- holding there was no exceptional circumstance when plaintiffs took no action preventing the defendant from obtaining consent from all served defendants
- recognizing the equitable power of the court to consider exceptions to the 30-day limit on removal
- stating that “the FDIC, the FSLIC, and federal officers each have their own specific removal statute,” and “[t]he fact that these parties may remove without the consent of co-defendants is based on the language of those statutes”
- remanding because all defendants did not join in notice of removal based on federal question jurisdiction
- addressing such criticism and noting it is within the court's equitable power to remedy the situation should a defendant show that a plaintiff manipulated the timing of service in a multiple defendant case to preclude a timely removal
Source: CourtListener parenthetical corpus (CC0).
Judges: Wisdom, Jones, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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