· 2/25/2013
Shanna Kuxhausen v. Bmw Financial Services Na Llc
Citations
- 707 F.3d 1136
- 2013 WL 656851
- 2013 U.S. App. LEXIS 3858
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that demand letter plaintiff sent defendant before filing suit in lemon law case could not trigger second 30-day deadline
- holding that a defendant company’s expertise in luxury automobiles did not create an obligation to supply information omitted by the plaintiff in reading the complaint
- holding that a defendant is “not obligated to supply information which [the plaintiff] ha[s] omitted”
- holding that where nothing in the complaint indicated the value of other class members' claims, defendant had no duty to examine its own records to make a determination
- explaining that de minimis procedural defect, such as failing to attach complaint to notice 13 of removal, is curable even after 30-day removal period
- finding that demand letter sent to defendant before the filing of the 18 initial complaint could not establish removability
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Scannlain, Trott, Clifton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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