Tate v. Mercedes-Benz USA, Inc.

How courts have described this case

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

• rejecting “first-served rule” in favor of “McKinney Rule because it enables plaintiffs to use “dilatory tactics to overcome the legitimate removal rights of defendants”
• “Absent such consent, the removal petition is defective and the usual course of conduct is for the federal court to remand the action back to state court.”

Source: CourtListener parenthetical corpus (CC0).