Thomas P. Loftis v. United Parcel Service, Inc. David Cole, Kenneth Adkins

How courts have described this case

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

• holding that district courts may remand a case under the rule of unanimity only if the plaintiff timely filed a motion to remand
• finding that remand was warranted where the parties seeking removal did not meet all the requirements of § 1446
• “Generally, a state law claim cannot be ‘recharacterize[d]’ as a federal claim for the purpose of removal.” (quoting Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 64 (1987))
• defects in subject- matter jurisdiction may be raised sua sponte and at any time
• “Failure to obtain unanimous consent forecloses the opportunity for removal under Section 1446.”
• defects in subject-matter jurisdiction may be raised sua sponte and at any time

Source: CourtListener parenthetical corpus (CC0).