Noble v. Bradford Marine, Inc. Case Brief

Summary of Noble v. Bradford Marine, Inc.
789 F.Supp. 395 (1992).

Facts: Two Ps filed separate claims against D1. Later, they amended their complaints and added D2. D2 tried to remove case to the federal court based on federal question jurisdiction, but after the 30 days of the initiation of the original lawsuits. D2 claims that since he was added later to the lawsuit, the 30 day limit that applied to D1 should not apply to him.

Issue: Can D2 remove case to federal court after 30 days limit has expired for the original Ds?

Holding: No

Rationale: Here, D1 could have removed the case to the federal court but he didn’t. When D2 was added, no new federal jurisdiction was created. Therefore, the original 30 day limit not only applied to D1, but also to D2. Note that if federal jurisdiction was created only after the addition of D2, then a new 30 day limit would start.

 



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