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SMITH v. MYLAN INC.

No. 12-56028.

761 F.3d 1042 (2014)

Andrew SMITH, individually and as successor-in-interest to Jennifer Roberts (deceased); A.S., by and through her Guardian Ad Litem, Tera Harden Esq.; individually and as successor-in-interest to Jennifer Roberts (deceased); S.N., by and through her Guardian Ad Litem, Sherry Kinnison; individually and as successor-in-interest to Jennifer Roberts (deceased), Plaintiffs-Appellees, v. MYLAN INC.; Mylan Pharmaceuticals, Inc.; Mylan Technologies Inc.; Mylan Institutional Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2014.

Attorney(s) appearing for the Case

Patricia A. Law , Law Offices of Patricia A. Law, Riverside, CA, for Plaintiffs-Appellees.

Clem C. Trischler and Jason M. Reefer , Pietragallo Gordon Alfano, Pittsburgh, PA; Julian G. Senior , Spencer LLP, Manhattan Beach, CA, for Defendants-Appellants.

Before: DOROTHY W. NELSON, RICHARD A. PAEZ, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

NGUYEN, Circuit Judge:

A state court action may not be removed to federal court on the basis of diversity jurisdiction more than one year after the action was filed. See 28 U.S.C. § 1446(b) (current version at 28 U.S.C. § 1446(c)). Defendants in this wrongful death case invoked diversity jurisdiction and filed a notice of removal fourteen months after the lawsuit was filed in state court. The district court sua sponte remanded on...

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