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· 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 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.