Davis Neurology PA v. DoctorDirectory.com LLC, No. 17-1820 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit vacated the district court's judgment on the pleadings and remanded with directions to return the case to state court. The court held that removal of the suit from Arkansas state court to federal court was untimely under 28 U.S.C. 1446(b)(3), and thus the district court lacked jurisdiction to rule on the merits. In this case, the second notice of removal filed September 26, 2016, was well outside the thirty-day time limit established by section 1446(b)(3).
Court Description: Colloton, Author, with Benton and Erickson, Circuit Judges] Civil case - Civil procedure. The case was not removed from state to federal court on a timely basis under 28 U.S.C. Sec. 1446(b)(3), and the district court was without jurisdiction to rule on the merits; defendants' judgment on the pleadings is vacated, and the matter is remanded to the district court with directions to return the case to state court
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