DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061776P.pdf 02/28/2007 Michael S. Dahl v. R. J. Reynolds
U.S. Court of Appeals Case No: 06-1776
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, author, with Chief Judge Loken and John R.
Gibson, Circuit Judges]
Civil Case - removal jurisdiction. State law case challenging the
marketing and selling of light cigarettes as a violation of state consumer
protection statutes and common law fraud was removed to federal court
after thirty-day statutory period. District court's denial of motion to
remand was error. Issuance of circuit decision holding removal
jurisdiction based on federal officer jurisdiction did not constitute an
"amended pleading, motion, order or other paper" within meaning of
section 1446(b) to restart time for removing state case to federal court.
Also, it was ascertainable that federal officer jurisdiction could be a basis
for removal within initial 30-day period for removal. Thus district court
lacked jurisdiction over action because removal was untimely. Case is
remanded to state court.