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Obaya v. Allstate Texas Lloyd’s

Court: WD Tx  03/28/2022  Court Denies Remand Following Previously Misidentified Defendant's Second Removal

A court of the Western District of Texas denied an insured's second motion to remand, holding that a prior remand of the case on the grounds that a misidentified party did not have the power to remove does not deprive the court of jurisdiction following a second removal where the insured's amended state court pleading substituted the misidentified party as the proper defendant.

homeowner's policy, removal, remand, misidentified party, 28 U.S.C. ยง 1447(d), diversity

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