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Brierly v. Alusuisse Flexible Pkg, 184 F.3d 527, C.A.6 (Ky.)
Administrator of decedent employee's estate brought wrongful death action against employer and supervisor in state court. Action...
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Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc. 526 U.S. 344, 119 S.Ct. 1322 U.S.Ala.,1999.
In state court breach of contract and fraud action,...
read more about this case at cornell http://www.law.cornell.edu/supct/html/95-1263.ZS.html
the text of the decision follows:
SUPREME COURT OF THE UNITED STATES
No. 95-1263
CATERPILLAR INC.,...
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8 U.S.C.A. § 1229a is more for illegal aliens, but so far it is the only thing i can find that actually defines exceptional circumstances for doing anything...
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5th Circuit Getty Oil Co v. Ins. Co. of North America 1988
7th Circuit Phoenix v. Sokoloff, 235 F.3d 352 2000
Getty Oil Corp., a Div. of Texaco, Inc. v. Insurance Co. of North Getty Oil Corp., a Div. of Texaco, Inc. v. Insurance Co. of North America 841 F.2d 1254 C.A.5 (Tex.),1988.
this case...
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Marano Enterprises of Kansas v. Z-Teca Restaurants, L.P. 254 F.3d 753 C.A.8 (Mo.),2001.
Franchisees brought state-court action against franchisors, asserting claims for fraud,...
Former community college employees filed action in state court claiming that they had been unlawfully discharged on the basis of their political affiliations or for having written a letter critical...
Supreme Court of the United States
MURPHY BROTHERS, INC., Petitioner,
v.
MICHETTI PIPE STRINGING, INC.
No. 97-1909.
Argued March 1, 1999.
Decided April 5, 1999.
In state court breach of contract...
Parrino v. FHP, Inc.
146 F.3d 699
C.A.9 (Cal.),1998.
Insured under a health maintenance organization (HMO) plan sponsored by his employer sued the plan administrator and the plan's primary...
Phillips v. Corrections Corp. of America
407 F.Supp.2d 18
D.D.C.,2005.
As a general rule, in cases with multiple defendants, removal is only appropriate when each defendant unambiguously and...
Phoenix v. Sokoloff, 235 F.3d 352, (7th circuit, 2000)
west headnotes say:
Action was brought in state court against multiple defendants for breach of contract, breach of fiduciary duties, and...
I just cut/pasted this out of google. I can't find it on Westlaw… note it's not an circuit appeals decision, it's from the DC district court. But still interesting because of the discussion , and...
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First-Served Rule
Second-Served Rule
Exceptional Circumstances
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Westlaw statement of the rule from headnotes in Brierly:
in cases with multiple defendants served at different times, later-served defendant has 30 days from...
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NOTE: this is an unpublished magistrate ruling, so we can't cite to it- but I think its discussion of the tension is instructive.
United Traffic Consultants, Inc. v. Premium Logistics, Inc. Not...
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