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· 9/18/2008

Pantalone v. Aurora Pump Co.

Citations

  • 576 F. Supp. 2d 325
  • 2008 U.S. Dist. LEXIS 70784
  • 2008 WL 4272649

How courts have described this case

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

  • explaining that to succeed on a motion to remand under the federal remove statutes, “a defendant’s showing need not go beyond adequately supported assertions,” in its Notice of Removal. (citation omitted)
  • “The propriety of removal under the statute should be considered at the time of removal.”
  • manufacturer acting pursuant to contract with, and according to specifications of, the United States Navy, establishes first prong of federal officer removal statute
  • removal period was triggered even though plaintiff did not specify whether exposure to defendant’s asbestos-containing products occurred “during his Navy service” or “during his post-Navy career”
  • “Although a defendant must ‘apply a reasonable amount of intelligence in ascertaining removability,’ it need not “look beyond the initial pleading for facts giving rise to removability.”
  • complaint alleged that plaintiff “was exposed to various asbestos containing products while in the U.S. Navy... during the years 1951-1956”; removal period was triggered by discovery responses disclosing make the case removable. (Id. at 16

Source: CourtListener parenthetical corpus (CC0).

Judges: Janet Bond Arterton

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.