DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102124P.pdf 03/10/2011 John Knudson v. Systems Painters
U.S. Court of Appeals Case No: 10-2124
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Melloy, Author, with Murphy and Bye, Circuit Judges]
Civil case - Civil Procedure. Since plaintiff's complaint did not
explicitly state the amount in controversy, the complaint did not trigger
the running of 28 U.S.C. Sec. 1446(b)'s thirty-day deadline for removal,
and the district court did not err in finding that defendant's removal
notice was timely; since there is a reasonable basis for predicting that
Missouri law might impose liability on defendant Long, plaintiff did not
fraudulently join Long; as a result, the district court erred in denying
plaintiff's motion to remand for lack of original jurisdiction, and the case
is returned to the district court with instructions to remand the matter to
state court.