DELALLA v. HANOVER INS.

Nos. 10-3933, 11-1532.

660 F.3d 180 (2011)

Nicole M. DELALLA; NMD Marketing, Inc., Appellants v. HANOVER INSURANCE; Joseph Oberlies; Connor Weber & Oberlies. In re Nicole M. Delalla; NMD Marketing, Inc., Petitioners.

United States Court of Appeals, Third Circuit.

Filed: October 12, 2011.


Attorney(s) appearing for the Case

Michael S. Kimm , Englewood, NJ, for Appellant.

Adam M. Finkelstein , Aetna Life & Casualty Company, Law Department, Hartford, CT, John C. Grugan , Ballard Spahr , Philadelphia, PA, Christopher N. Tomlin , Ballard Spahr , Voorhees, NJ, for Appellee Hanover Insurance.

Joseph A. Venuti, Jr. , Swartz Campbell , Mount Laurel, NJ, for Appellees Joseph Oberlies and Connor Weber & Oberlies.

Before: SLOVITER, SMITH, and NYGAARD, Circuit Judges.


OPINION

SMITH, Circuit Judge.

In order to remove a lawsuit filed in state court to a federal district court under the federal removal statute, 28 U.S.C. §§ 1441, 1446, a defendant must file a notice of removal within thirty days of the date on which the plaintiff serves "the defendant." Courts have split in interpreting this thirty day limitation: the Fourth and Fifth Circuits have held that the thirty day period ends thirty days after the first...

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