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International Insurance Co. v. Duryee

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International Insurance Co. v. Duryee
CourtUnited States Court of Appeals for the Sixth Circuit
Full case name International Insurance Company v. Harold T. Duryee, et al
ArguedJune 6, 1996
DecidedSeptember 24, 1996
Citations96 F.3d 837; 65 USLW 2231
Case history
Prior history55 F. Supp. 2d 799 (S.D. Ohio 1999)
Court membership
Judges sittingGilbert S. Merritt Jr., R. Guy Cole Jr., Patrick J. Duggan (E.D. Mich.)
Case opinions
MajorityMerritt, 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

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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

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  1. ^ International Insurance Co. v. Duryee, 96 F.3d 837 (6th Cir. 1996).
  2. ^ Yeazell, S.C. Civil Procedure, Seventh Edition. Aspen Publishers, New York, NY: 2008, p. 218
  3. ^ Yeazell, p. 218
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