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United States Third Circuit

A.S. v. SmithKline Beecham Corp., 14-1229

Following remand of this case to Pennsylvania state court after a finding that defendant GlaxoSmithKline (GSK) was a citizen of Pennsylvania, the present Court decided Johnson v. SmithKline, in which it was held that GSK was a citizen of Delaware. GSK then re-removed the case to federal court. The order denying motion to remand is reversed and the district court is directed to remand this case to state court, where: 1) GSK's re-removal is prohibited by 28 U.S.C. section 1446(b), as the provision expressly forbids untimely removals, and here, the relevant notice of removal was untimely filed over a year and a half after FSK was served with the initial pleading; 2) GSK cannot rely on the second paragraph of section 1446(b), as new developments in the law do not trigger the recommencement of the thirty-day time limit - only amended pleadings, motions, orders, or other papers trigger the limit; 3) the second paragraph prohibits removal of diversity cases more than one year after the case commences; and 4) equitable tolling is not warranted.

Appellate Information

  • Decided 10/09/2014
  • Published 10/09/2014


  • Shwartz


  • United States Third Circuit


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