· 11/8/1996
Michaels v. State of NJ
Citations
- 955 F. Supp. 315
- 1996 U.S. Dist. LEXIS 21145
- 1996 WL 787613
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that each defendant must provide “some form of unambiguous written evidence of consent,” such as “an affidavit of joinder or consent, or even a letter”
- citing, among other cases, Bryson v. Brand Insulations, Inc., 621 F.2d 556, 559 (3d Cir. 1980)
- dismissing tort claims against non-moving defendants sua sponte for failure to comply with TCA notice provisions
- finding city police department improper defendant as the department “lack[ed] a separate legal existence” from the city itself
- “Barring extraordinary circumstances, this court is not inclined to expand the .thirty-day time limitation or permit amendments to a notice of removal after the thirty days have run.”
- noting “[l]ogic dictates that if a nominal party lacks the power to object to its own failure to join in .or consent.to the removal, it similarly lacks the power to impugn the other defendants’ failure to formally do so.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barry
Read full opinion on CourtListenerSourced 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.