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Hefton et al v. Viscern Holding Corporation

MEMORANDUM OF LAW in Support re: 6 MOTION to Remand to State Court.. Document

12 Cited authorities

  1. In re Methyl Tertiary

    488 F.3d 112 (2d Cir. 2007)   Cited 388 times
    Holding that even if Congress and the Environmental Protection Agency expected defendants to use MTBE, defendants were unable to show they were "acting under federal officers when they added MTBE, and not some approved alternative, to their reformulated gasoline"

  2. Foster v. Chesapeake Ins.

    933 F.2d 1207 (3d Cir. 1991)   Cited 353 times
    Holding that Carnegie-Mellon "clearly overruled Thermtron to the extent that Thermtron held that only statutory grounds for remand are authorized"

  3. Morgan Guar. Trust v. Republic of Palau

    971 F.2d 917 (2d Cir. 1992)   Cited 199 times
    Holding that Section 1447(c) "affords a great deal of discretion and flexibility to the district courts in fashioning awards of costs and fees"

  4. Koninklijke Philips Electronics v. Digital Works

    358 F. Supp. 2d 328 (S.D.N.Y. 2005)   Cited 39 times
    Granting motion to remand but denying motion for attorneys’ fees because the court did "not believe defendant's removal was frivolous or plainly unreasonable"

  5. Capital Bank and Trust v. Associated Int'l. Ins., (1984)

    576 F. Supp. 1522 (M.D. La. 1984)   Cited 25 times
    Finding clear and unequivocal waiver when the service of suit clause stated that insurance company would "submit to the jurisdiction of any court of competent jurisdiction within the United States . . ."

  6. Allsup v. Liberty Mut. Ins. Co.

    782 F. Supp. 325 (N.D. Tex. 1991)   Cited 16 times
    Ruling where court had no diversity jurisdiction, court was without jurisdiction to order severance

  7. Bird v. Carteret Mortgage Corp.

    Case No. 2:06-cv-0588 (S.D. Ohio Jan. 5, 2007)   Cited 1 times

    Case No. 2:06-cv-0588. January 5, 2007 REPORT AND RECOMMENDATION TERENCE KEMP, Magistrate Judge This case was filed in the Franklin County Court of Common Pleas by Richard and Valerie Bird, both Ohio residents, against two named defendants. One, Carteret Mortgage Corporation, is an out-of-state corporation. The other, Flagship Mortgage Corporation, is a citizen of Ohio for diversity purposes. All of the claims asserted in the complaint arise under state law; more specifically, they arise under provisions

  8. Lavan Petroleum Company v. Underwriters at Lloyds

    334 F. Supp. 1069 (S.D.N.Y. 1971)   Cited 32 times
    Acknowledging and quoting the above passage

  9. Bady v. Estate of Woodrow

    941 F. Supp. 71 (N.D. Miss. 1996)   Cited 2 times

    No. 3:95CV183-S-A. October 2, 1996. William F. Schneller, Jones Schneller, P.A., Holly Springs, MS, for Plaintiff. H. Scot Spragins, Hickman, Sumners, Goza Gore, Oxford, MS, Robert H. Harper, Shuttleworth, Smith, McNabb Williams, Memphis, TN, for Defendants Estates of Steven Woodrow and Judith Woodrow. John Booth Farese, Farese, Farese Farese, P.A., Ashland, MS, for Defendant and Cross Plaintiff Estate of Kevin Tunstall. ORDER REMANDING CAUSE AND AWARDING COSTS SENTER, Chief Judge. In this wrongful

  10. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,272 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  11. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,257 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

  12. Section 1445 - Nonremovable actions

    28 U.S.C. § 1445   Cited 1,035 times   4 Legal Analyses
    Prohibiting the removal of FELA cases