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Tag Archives: Civil Procedure

Removal contingent on alter-ego issue (access required)

Although a forum-selection clause effectively precluded removal by naming a North Carolina county without a federal courthouse, the court of appeals returned the case to the district court to determine whether the clause bound all defendants. Defendant/Appellant Saber Healthcare Group ...

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No CAFA removal for “additional counter-defendants” (access required)

Where an original defendant makes counterclaims naming additional parties as counter-defendants, those additional parties are not entitled to remove the claims against them to federal court even under the permissive standards of the Class Action Fairness Act. Original Plaintiff Citibank, ...

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Time Expired to Name Tortfeasor’s True Employer as Defendant (access required)

Alleging negligence claims against Defendants Tracey Finley and American Airlines Inc., Plaintiff John W. Parrish III ran out of time to add Finley’s actual employer – not American Airlines, but Envoy Air Inc. – as a defendant to the suit. ...

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Stay Denied, Despite Related Out-of-State Litigation (access required)

Plaintiff Anthony Hawks, a Washington D.C. attorney, seeks to collect legal fees for services provided to Defendant Jeanne Ellen Libit. Libit was involved in a complex trust litigation in Florida, and Hawks represented Libit both in her individual capacity and ...

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Standing – Injury in Fact – Civil Rights – ADA – Access Barriers (access required)

A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) in the past, he has stopped at the defendant-shopping center and encountered architectural barriers which placed him at risk of physical harm and denied him equal access to ...

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