Oregon Bureau of Labor and Industries, Ex Rel. Darryl Richardson v. U.S. West Communications, Inc., a Colorado Corporation

How courts have described this case

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

• holding that § 1441(a) does not authorize 16 removal of proceedings from an administrative agency even if it conducts “court-like 17 proceedings.”
• remanding proceedings that were removed from the 26 Oregon Bureau of Labor and Industries because “[t]he statute authorizes removal only if the action 27 is pending in a state court.”
• rejecting the functional test because it “goes beyond the language of the statute” and is a “judicially-developed analysis that neither appears in, nor is necessarily implied by, the statutory language” and “changes the meaning and the reach of the statute.”
• “The functional test goes beyond the language of the statute, because the functional test is a judicially-developed analysis that neither appears in, nor is necessarily implied by, the statutory language.”
• “We therefore hold that 28 U.S.C. § 1441(a) does not authorize removal of proceedings from an administrative agency, regardless of how court-like the proceedings may be. The statute authorizes removal only if the action is pending in a state court.”
• “The plain language of 28 U.S.C. § 1441(a

Source: CourtListener parenthetical corpus (CC0).