Removal Of Actions (28 U.S.C. § 1441)

29 Florida cases classified under this topic · sorted by citation count · browse and sort

• Stone v. Ward Herbert Stone
  632 F.2d 740· 9th Cir.· 1980-09-29 ·cited 64×
  A suit arises under an act of Congress regulating commerce if it hinges on the interpretation of such an act, even if the remedy is provided by state law.
• Ultracashmere House, Ltd. v. Meyer
  664 F.2d 1176· 11th Cir.· 1981-12-28 ·cited 51×
  The court held that a federal court may deny a stay of state proceedings and an order compelling arbitration when the party seeking relief has unduly delayed and the state court has already adjudicated the issues.
• Anderson v. John Morrell & Co.
  830 F.2d 872· 8th Cir.· 1987-09-30 ·cited 24×
  The court held that ERISA preempts state law contract claims regarding employee welfare benefit plans, and removal to federal court was proper. However, the judgment should not bind the class members due to procedural issues.
• Paul v. Watchtower Bible & Tract Soc'y OF NEW York, Inc.
  819 F.2d 875· 9th Cir.· 1987-06-10 ·cited 13×
  The court held that the Jehovah's Witnesses' practice of shunning is a constitutionally protected religious practice under the Free Exercise Clause, and imposing tort liability for this practice would unconstitutionally burden their religious freedom.
• Wilsey Poirrier v. Nicklos Drilling Co.
  648 F.2d 1063· 5th Cir.· 1981-06-26 ·cited 13×
  An order denying remand of a case removed to federal court is not immediately appealable under 28 U.S.C. § 1291, and mandamus is not appropriate absent exceptional circumstances.
• Baldwin v. Sears
  667 F.2d 458· 5th Cir.· 1982-02-08 ·cited 12×
  The court held that the Age Discrimination in Employment Act (ADEA) does not expressly prohibit removal of cases to federal court, and that summary judgment was appropriate as no genuine issues of material fact existed.
• Franchi Constr. Co., Inc. v. Combined Ins. Co. OF Am.
  580 F.2d 1· 1st Cir.· 1978-05-30 ·cited 10×
• London v. Standard OIL Co. OF Cal., Inc.
  417 F.2d 820· 9th Cir.· 1969-11-04 ·cited 10×
  The court held that the defendant corporation's allegation of citizenship for removal purposes was a legal conclusion, not a factual allegation, and thus insufficient to establish federal jurisdiction.
• United States ex rel. Tenn. Valley Auth. & Tenn. Valley Auth. v. Tenn. Water Quality Control Bd.
  717 F.2d 992· 6th Cir.· 1983-09-23 ·cited 7×
  A state cannot require a federal agency to obtain a discharge permit under Section 402 of the Clean Water Act for activities that do not involve the discharge of pollutants from a point source, even if those activities alter water quality.
• Maguire v. Hughes Aircraft Corp.
  912 F.2d 67· 3d Cir.· 1990-08-23 ·cited 6×
  The court held that the government contractor defense, as reformulated in Boyle, applies when the United States approves reasonably precise specifications, the equipment conforms to them, and the supplier warns of known dangers, thereby preempting state tort law.
• Local Union NO. 11, Int'l Bhd. OF Elec. Workers, AFL-CIO v. G. P. Thompson Elec., Inc.
  363 F.2d 181· 9th Cir.· 1966-06-28 ·cited 4×
  The court held that arbitrable grievances arising under a collective bargaining agreement are not compulsory counterclaims that must be asserted in a prior related federal action, especially when the grievances are being processed through the contractual arbitration procedure.
• Rossi v. Best Resume Serv., Inc.
  497 F. Supp. 437· S.D. Fla.· 1980-09-11 ·cited 3×
  A petition for removal that fails to allege the principal place of business of a corporate party may be amended after the expiration of the thirty-day removal period if the omission is a technical defect, not a missing essential allegation.
• Klempner v. Nw. Mut. Life Ins.
  196 F. Supp. 2d 1233· S.D. Fla.· 2001-12-17 ·cited 2×
  The court held that federal diversity jurisdiction cannot be predicated on the claim of an unnamed putative class member, nor can claims be aggregated under the common right exception in this case.
• Bryant v. Lagos
  S.D. Fla.· 2025-11-14
  The court held that it has jurisdiction over all counts and that any procedural defect in removal was cured, thus denying remand; it also granted motions to dismiss due to shotgun pleading.
• State v. Davis
  N.D. Fla.· 2025-07-21
  The court held that the defendant's attempt to remove multiple state criminal and civil traffic cases to federal court in a single action was improper and untimely, and lacked a valid statutory basis for removal.
• Realbook, LLC v. Rsui Indem. Co.
  M.D. Fla.· 2024-08-30
  The court held that a state-law declaratory judgment action concerning an insurance policy dispute was properly removed to federal court and that remand was not required, as the amount in controversy met the diversity jurisdiction threshold.
• Aguila v. Rqm+ LLC
  S.D. Fla.· 2024-07-08
  The court held that diversity jurisdiction was properly established, and therefore, the motion to remand is denied.
• Von Hoffman v. Hotel Riu Palace Bavaro
  S.D. Fla.· 2024-02-08
  The court held that the defendants failed to demonstrate fraudulent joinder of the Florida resident defendant, thus diversity jurisdiction was lacking and the case must be remanded.
• Wendt v. Universal Prot. Serv., LLC
  S.D. Fla.· 2023-07-27
  The court granted the motion to remand, finding the defendant failed to meet its burden of proving the amount in controversy exceeded the jurisdictional threshold.
• McAreavey v. SFM, LLC
  M.D. Fla.· 2023-06-30
  The court held that a plaintiff's motion to amend a complaint to add a non-diverse defendant after removal should be granted if the Hensgens factors weigh in favor of joinder, leading to remand for lack of subject matter jurisdiction.
• Ramirez v. Walmart Stores E., LP
  M.D. Fla.· 2023-06-15
  The court held that the store manager was fraudulently joined, thus diversity jurisdiction exists, and the motion to remand is denied while the motion to dismiss is granted.
• Ruiz v. Ringling Coll. of Art & Design, Inc.
  M.D. Fla.· 2023-02-17
  Eight former students of Ringling College sued the college alleging various state law claims including constructive fraud, negligent supervision, and breach of contract, arising from their experiences with an associate dean who allegedly mishandled reports of misconduct and engag
• Jerlyn Global, LLC v. Lockley
  M.D. Fla.· 2022-08-17
  The court held that it lacked federal question jurisdiction because the plaintiff's complaint, which sought only eviction under state law, did not present a federal question.
• Gundogdu v. WDF-4 Wood Harbor Park Owner, LLC
  S.D. Fla.· 2022-07-11
  A federal court lacks subject-matter jurisdiction over a removed state-court eviction case where the removal is based on the plaintiff's counterclaims or defenses, and abstention is appropriate if the case were treated as originally filed in federal court.
• Santos v. Acara Solutions, Inc.
  M.D. Fla.· 2021-04-13
  The court held that the defendant established by a preponderance of the evidence that the amount in controversy exceeded $75,000, and that the removal was procedurally proper despite a technical defect in the initial notice of removal.
• Jolly v. Hoegh Autoliners Shipping AS
  M.D. Fla.· 2021-03-29
  The court held that the removal was proper because the non-diverse defendant was fraudulently joined and allowed amendment of the notice of removal to cure defective jurisdictional allegations.
• Premier Inpatient P'rs LLC v. Aetna Health & Life Ins. Co.
  117 La. 561· M.D. Fla.· 2019-02-15
  The court held that removal was improper because the Medicare Act does not grant federal courts original federal-question jurisdiction over claims arising under it, and the defendant, a Medicare Advantage Organization, did not act under the control of a federal officer for remova
• Carlton Jasper Luehrs v. Utah Home Fire Ins. Co.
  450 F.2d 452· 9th Cir.· 1971-09-30