Transport Indemnity Co. v. Financial Trust Co.

How courts have described this case

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

• holding 30- day removal period cannot be extended by consent of plaintiff
• noting the unfairness of remand where a party unsuccessfully litigates a “substantial issue” in federal court, “such as the right to a jury trial or the right to take depositions”
• noting the unfairness of allowing a party to seek remand after unsuccessfully litigating a “substantial issue” in federal court, “such as the right to a jury trial or the right to take depositions” (cleaned up
• failure of defendant to seek removal within thirty day period equivalent to decision not to remove; that decision, once made, is irrevocable
• “[A] stipulation merely to extend the time to move, answer or otherwise respond does not have the effect of authorizing or consenting to . . . a later removal which was untimely filed.”
• applying first-served rule to preclude removal by later-served defendant

Source: CourtListener parenthetical corpus (CC0).