· 4/5/1999
Snapper, Inc. v. Redan
Citations
- 171 F.3d 1249
- 1999 U.S. App. LEXIS 6070
- 1999 WL 184017
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying “ordinary contract principles” but declining to “address the question of which jurisdiction’s law to apply”
- “Notwithstanding the potential breadth of the term ‘improvident,’ courts limited the scope of the improvident removal basis for remand by anchoring the definition in errors in the removal process.”
- “Following the obvious intentions of Congress, courts in most contexts had no trouble interpreting the 1988 language ‘defect in removal procedure’ as perpetuating the narrow interpretation that courts had applied to the 1948 version.”
- “A remand based on a forum selection clause depends on an adjudication of the meaning of the clause, a determination that is external to the removal process.”
- “We need not decide whether the clause rises to the level of a clear and unequivocal waiver because we do not agree that such a high standard is desirable.”
- reaching the merits and affirming remand based on forum-selection clause
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Barkett, Hill
Read full opinion on CourtListenerSourced 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.