· 12/28/1981
Lena Mae Harris v. Edward Hyman Company
Citations
- 664 F.2d 943
- 109 L.R.R.M. (BNA) 2326
- 1981 U.S. App. LEXIS 14883
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff waived her right to seek remand because she “fail[ed] to as- sert promptly her objections to the defects in the petition and . . . proceed[ed] with discovery”
- explaining that the federal removal statute has been interpreted to require that all defendants join in the removal petition
- acknowledging that motion to remand case to state court could be referred by district judge to magistrate judge under 28 U.S.C. § 636(b)(1)(A), which authorizes outright ruling on nondispositive matters, rather than 28 U.S.C. § 636(b)(1)(B
- waiver where plaintiff participated in discovery and gave no indication of dissatisfaction with the federal forum until the remand motion was filed
- no statute of limitations problem; therefore, no prejudice
- consent voiced at conference with court
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Reavley, Randall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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