Pettitt v. The Boeing Co.

Federal 7th Circuit Court
Civil Court
Removal
Citation
Case Number: 
No. 09-3204
Decision Date: 
May 17, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded
In personal injury action (arising out of airline crash) that had been removed pursuant to Multiparty, Multiforum Trial Jurisdiction Act (MMTJA), Dist. Ct. lacked statutory power to sua sponte remand case back to state court, even though Dist. Ct. found that not all defendants had agreed to said removal. Any procedural defect to removal is subject to waiver if party fails to bring timely motion for remand, and no party filed motion for remand within 30 days after filing of notice of removal. Moreover, Dist. Ct. erred in finding that unanimous consent of all defendants was required since single defendant could remove case under MMTJA.