Topic: by its text, then, section 1441(b)(2) is inapplicable until… · Go Syfert
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Topic #16267

4 canonical passages across 3 cases, quoted by 25 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Gibbons v. Bristol-Myers Squibb Co..

#Case FlagCanonical passage Citers
1 Gibbons v. Bristol-Myers Squibb Co. Anchor
ca2 · 2019
green “by its text, then, section 1441(b)(2) is inapplicable until a home-state defendant has been served in accordance with state law; until then, a state court lawsuit is removable under section 1441(a) so long as a federal district court can assume jurisdiction over the action.” 11
2 Encompass Insurance Co v. Stone Mansion Restaurant Inc
ca3 · 2018
green “precludes removal on the basis of in-state citizenship only when the defendant has been properly joined and served” 5
3 Encompass Insurance Co v. Stone Mansion Restaurant Inc
ca3 · 2018
green “starting with the text, we conclude that the language of the forum defendant rule in section 1441(b)(2) is unambiguous. its plain meaning precludes removal on the basis of in-state citizenship only when the defendant has been properly joined and served.” 5
4 Texas Brine Company, L.L.C. v. Amer Arbitration As
ca5 · 2020
green “by its text, then, section 1441(b)(2) is inapplicable until a home-state defendant has been served in accordance with state law; until then, a state court lawsuit is removable under section 1441(a) so long as a federal district court can assume jurisdiction over the action.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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