International Insurance Co. v. Duryee
Appearance
International Insurance Co. v. Duryee | |
---|---|
Court | United States Court of Appeals for the Sixth Circuit |
Full case name | International Insurance Company v. Harold T. Duryee, et al |
Argued | June 6, 1996 |
Decided | September 24, 1996 |
Citations | 96 F.3d 837; 65 USLW 2231 |
Case history | |
Prior history | 55 F. Supp. 2d 799 (S.D. Ohio 1999) |
Court membership | |
Judges sitting | Gilbert S. Merritt Jr., R. Guy Cole Jr., Patrick J. Duggan (E.D. Mich.) |
Case opinions | |
Majority | Merritt, joined by a unanimous court |
Keywords | |
Removal jurisdiction |
International Insurance Co. v. Duryee, 96 F.3d 837 (6th Cir. 1996),[1] was a case decided by the United States Court of Appeals for the Sixth Circuit that held unconstitutional a statute enacted by the Ohio legislature that sought to discourage removal jurisdiction.[2]
Decision
[edit]To limit removal jurisdiction pursuant to 28 U.S.C. §1441, the Ohio legislature enacted a statute that barred any out-of-state insurance company from doing business in the state for three years if the insurer removed a case to federal court. The Sixth Circuit held that the statute was unconstitutional.[3]
References
[edit]- ^ International Insurance Co. v. Duryee, 96 F.3d 837 (6th Cir. 1996).
- ^ Yeazell, S.C. Civil Procedure, Seventh Edition. Aspen Publishers, New York, NY: 2008, p. 218
- ^ Yeazell, p. 218
External links
[edit]- Text of International Insurance Co. v. Duryee, 96 F.3d 837 (6th Cir. 1996) is available from: CourtListener Findlaw Justia OpenJurist Google Scholar