In re Willis

The 30-day limit on removal to federal court under 28 U.S.C. ' 1441 begins to run upon receipt of the initial complaint only when the complaint explicitly discloses the plaintiff is seeking damages in excess of the federal jurisdictional amount.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

Zachary Perry, a Missouri resident, filed this personal injury action inMissouri state court on October 7, 1999, against Virginia resident CurtisBruce Willis. The complaint sought an unspecified amount of damagesfor pain and suffering, permanent disability, and wage loss. Following aninitial round of discovery wherein Perry filed an Offer of Judgment in theamount of $75,001, Willis removed the action to federal court under 28U.S.C. � 1441(b), asserting the court had diversity jurisdiction under 28U.S.C. � 1332(a). Perry then moved to remand the case to state court,arguing the notice of removal was filed beyond the thirty-day time limit of28 U.S.C. � 1446(b). The district court agreed, reasoning that the casewas removable when filed and therefore the alternative time limit 1 ofsection 1446(b) did not apply.

More From ALM

Discover how strong ethical cultures drive business success and reduce risk. This report reveals benchmarks and the impact of ethical culture on risk, misconduct, and business results. Learn what matters now and next, from hybrid work to AI’s influence. Download the 2024 Benchmark of Ethical Culture Report today.

The 2024 Benchmark of Ethical Culture Report

Brought to you by LRN
Download Now

State and local lawmakers are taking decisive action to combat the harmful effects of microplastics and other toxic substances on our environment and health. Download this brief to stay informed on the latest legislative moves, the scope of the problem, and what it means for your organization.

State Lawmakers Targeting Plastic Pollution in 2024

Brought to you by LexisNexis®
Download Now

Looking for innovative ways to improve your financial operations and profitability? Leveraging technology can transform billing and collections processes, enhancing efficiency and client satisfaction. Discover how to streamline your firm’s financial operations from invoice to payment by downloading this essential white paper.

Leveraging Technology to Increase Law Firm Profitability

Brought to you by Tranch
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...

Apply Now ›

Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...

Apply Now ›

Attorney

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

SMGQ Law

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›

Blume Forte Fried Zerres & Molinari

06/14/2024
New Jersey Law Journal

Professional Announcement

View Announcement ›

In re Willis

The 30-day limit on removal to federal court under 28 U.S.C. ' 1441 begins to run upon receipt of the initial complaint only when the complaint explicitly discloses the plaintiff is seeking damages in excess of the federal jurisdictional amount.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Law.com