Opinion · Supreme Court of the United States

Acuna Castillo v. Shell Oil Co.

Acuna Castillo v. Shell Oil Co., 502 U.S. 1049 (1992)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1992-01-13
Topic
general

How later courts describe this case

  • noting that defects in removal procedure include all non-jurisdictional defects, and concluding that plaintiffs waived any non-jurisdictional grounds for remand existing at time of removal by not moving to remand within 30 days of notice of removal
  • noting that defects in removal procedure include all non-jurisdictional defects, and concluding that plaintiffs waived any non-jurisdictional gro unds for remand existing at time of removal by not moving to remand within 30 days of notice of removal
  • objections to procedural defects in removal not voiced within the 30-day time period provided by 28 U.S.C. § 1447(c) are waived
  • effective date of amendment to section 1447(c) is November 19, 1988, and in most cases, it applies to cases pending on this date
  • thirty-day limit applies to all motions for remand not based on subject matter jurisdiction
  • “section 1447(c) “requires remand on any ground other than lack of subject matter jurisdiction to be sought within 30 days of the filing of a notice of removal”

Citator

UpLaw has not yet analyzed Acuna Castillo v. Shell Oil Co.. The absence of a flag is not a finding that it is good law.

Cited by
79 opinions

C. A. 5th Cir. Certiorari denied.

Justice White would grant certiorari.