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SHAPIRO v. LOGISTEC USA, INC.

Docket No. 04-0733-CV.

412 F.3d 307 (2005)

Michael D. SHAPIRO, Ancillary Administrator of the Estate of Michael Ryckman, Plaintiff-Appellee, v. LOGISTEC USA INC. and Scott Barlow, Defendants-Third-Party-Plaintiffs-Appellants, Sherwood Lumber Corp., Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2005.

Attorney(s) appearing for the Case

Robert T. Rimmer, The Reardon Law Firm, P.C. (Robert I. Reardon, Jr., of counsel), New London, CT, for Plaintiff-Appellee.

Patrick F. Lennon, Tisdale & Lennon LLC, Southport, CT, for Defendants-Third-Party-Plaintiffs-Appellants.

Before: SACK, RAGGI, and HALL, Circuit Judges.

SACK, Circuit Judge.

We confront here the issues of 1) under what circumstances we may review a district court's order remanding a diversity action to state court, 2) when a district court may reconsider its own remand motion, and 3) when, if ever, a plaintiff will be deemed to have waived his objection to removal by filing his motion for remand after the statutory period for doing so has run. We conclude, inter alia, that a) the remand granted by the district...

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