Ott v. Consolidated Freightways Corp. of Delaware

How courts have described this case

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

• allowing out- of-state defendant to remove action because forum defendant had not been served at the time of removal
• denying remand where forum defendant was not served until after removal
• “[T]he language in Section 1441(b) ... implies that a resident defendant who has not been served may be ignored in determining removability.”
• “[I]n accordance with the plain language of § 1441(b), courts have held, virtually uniformly, that where, as here, diversity does exist between the parties, an unserved resident defendant may be ignored in determining removability under 28 U.S.C. § 1441(b).” (emphasis added

Source: CourtListener parenthetical corpus (CC0).