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· 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 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.