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· 5/23/2011

Walton v. Bayer Corporation

Citations

  • 643 F.3d 994
  • 2011 U.S. App. LEXIS 10341

How courts have described this case

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

  • stating that an “inconsequential defect in removal papers” does not “deprive the district court of jurisdiction over a case removed to it”
  • noting that because judicial estoppel's purpose is to deter fraud in litigation, judicial estoppel should prevent a party from taking a position in state court counter to the position it used to obtain remand in federal court
  • finding no impediment to district court adjudicating case where summonses 1 See also Herz v. Hamilton, No. 4:17-CV-00090-JVB (N.D. Ind. Jan. 18, 2018) (citing Herz v. Hamilton, 2015 WL 1224516 (S.D. Ind. Mar. 17, 2015)
  • a manufacturer that conceals a drug’s adverse side effects from physicians is not protected under the learned intermediary doctrine
  • “[When a] plaintiff wager[s] her entire claim on being proved right about [an interlocutory ruling], considerations of judicial economy justify] immediate appellate review.”
  • “a totally 23 inconsequential defect in removal papers [does not] deprive the district court of jurisdiction 24 over a case removed to it”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Posner, Manion

Read full opinion on CourtListener

Sourced 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.