Receipt of a Complaint, Prior to or Unattended by Formal Service of Process, Does Not Trigger a Defendant's Thirty-Day Period to Remove a Case: Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.

Authors

D. Troy Blair

Abstract

The Supreme Court of the United States held that a named defendant's time to remove an action from state court to federal court, under 28 U.S.C. § 1446(b), is triggered by either simultaneous service of summons and complaint, or receipt of the complaint, through service or otherwise, after and apart from service of the summons, but not by mere receipt of the complaint unattended by any formal service of process.

Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 119 S. Ct. 1322 (1999).

First Page

663

Recommended Citation

D. T. Blair, Receipt of a Complaint, Prior to or Unattended by Formal Service of Process, Does Not Trigger a Defendant's Thirty-Day Period to Remove a Case: Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 38 Duq. L. Rev. 663 (2000).
Available at: https://dsc.duq.edu/dlr/vol38/iss2/11