January 12th, 2018
Morgan v. Huntington Ingalls, Inc.
Opinion Date: January 11, 2018
Judge: Jerry E. Smith
Areas of Law: Civil Procedure, Personal Injury
28 U.S.C. 1446(b)(3)'s removal clock begins ticking upon receipt of the deposition transcript. The Fifth Circuit dismissed Murphy Oil's appeal of an order of remand under section 1446(b)(3), based on lack of jurisdiction. In this case, Murphy Oil itself had no right to be in federal court in the first place, and only Avondale, its codefendant, could invoke the federal officer removal statute. Had Avondale not chosen to remove, Murphy Oil could not have asserted officer jurisdiction on Avondale's behalf. The court held that Murphy Oil experienced no concrete and particularized injury sufficient to satisfy the injury-in-fact prong of Article III standing.
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