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Second Circuit – Motion to remove: Brandon Taylor v. Medtronic Inc.
Daily Record Staff//December 27, 2021//
Second Circuit – Motion to remove: Brandon Taylor v. Medtronic Inc.
Daily Record Staff//December 27, 2021//
Listen to this articleUnited States Court of Appeals for the Second Circuit
Motion to remove
Failure to consent
Brandon Taylor v. Medtronic Inc.
20-742-cv
Judges Pooler, Sullivan, and Park
Background: The plaintiff appealed from the denial of his motion to remand to state court and the grant of the defendants’ motion to dismiss.
Ruling: The Second Circuit reversed. The court held that a properly served defendant cannot cure a failure to timely consent to removal by opposing a motion for remand when the opposition is filed after the 30-day statutory period for removal lapsed.
Ronald Paul Hart for the plaintiff-appellant; Lisa S. Blatt, of Williams & Connolly, and Loren H. Brown, of DLA Piper, for the defendants-appellees.
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