No. 18-502
William Kinney, et ux. v. Anderson Lumber Company, Inc.
Tags: attorney-misconduct civil-procedure civil-rights due-process equal-protection federal-jurisdiction first-amendment fraud post-removal-statute remand remand-order removal vacatur
Latest Conference:
2019-01-04
Question Presented (from Petition)
Does the post removal statute, Title 28 Section 1447, bar the vacatur of a remand order obtained by attorney misconduct and fraud? Plaintiffs were unsuccessful in their attempt aimed at persuading the Sixth Circuit to adopt the reasoning applied by the Fourth Circuit in the case of Barlow v. Colgate Palmolive Co. [F. 3d, 2014 WL 66610861, which allowed for vacatur of a remand order under the same circumstances presented in this appeal.
Question Presented (AI Summary)
Does the post removal statute, Title 28 Section 1447, bar the vacatur of a remand order obtained by attorney misconduct and fraud?
Docket Entries
2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-09-17
Petition for a writ of certiorari filed. (Response due November 19, 2018)
Attorneys
William Kinney
William Kinney — Petitioner