· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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