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MAY v. WAL-MART STORES, INC.

Civil Action No. 10-114-ART.

751 F.Supp.2d 946 (2010)

Norma MAY, Plaintiff, v. WAL-MART STORES, INC., Defendant.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

November 17, 2010.

Attorney(s) appearing for the Case

Glenn Martin Hammond, Glenn M. Hammond Law Offices, Pikeville, KY, for Plaintiff.

J.L. Roark, J.L. Roark & Associates, P.S.C., Hazard, KY, for Defendant.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

In the Wild West, the rule was "shoot first, ask questions later." In modern civil litigation, the rule seems to be "remove first, ask questions later." It is common practice for defendants to remove cases from state court to federal court almost reflexively, within just a few weeks of being served. This often creates a problem. A defendant may only remove a case to federal court if he can establish...

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