Kamm v. ITEX CORP.

How courts have described this case

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

• stating that “remands based on abstention ... are not covered by § 1447(c),” analogizing remand motion based on forum selection clause to abstention-based motion, and holding that the 30-day limit did not apply
• explaining 10 that while a forum selection clause “does not render removal ‘defective’” under 1447(c
• collecting cases deciding forum-selection clauses are not defects under § 1447(c)
• “It is relatively clear from context that ‘defect’ 17 refers to a failure to comply with the statutory requirements for removal provided in 28 U.S.C. §§ 18 1441–1453.”
• “[A] forum selection clause is not a defect within the meaning of § 1447(c) and [] the thirty-day statutory time limit does not apply to a motion to remand based on a forum selection clause.”
• “venue shall be in the courts of the State of Oregon”

Source: CourtListener parenthetical corpus (CC0).