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Appellate Advocacy Keyed to Meador, 2nd Ed.
Thermtron Products, Inc. v. Hermansdorfer
Citation:
423 U.S. 336 (1976)Facts
In April 1973, two Kentucky citizens filed a personal injury lawsuit in Kentucky state court against Thermtron Products, an Indiana corporation, and its employee Larry Dean Newhard, an Indiana resident. The suit arose from an automobile accident. The defendants removed the case to federal district court based on diversity jurisdiction. After the case was docketed and discovery had begun, Judge Hermansdorfer issued a show cause order asking why the case should not be remanded to state court, citing his crowded docket and the unavailability of trial time in the foreseeable future. Despite defendants’ objection that the case had been properly removed and that a crowded docket was not a valid ground for remand, the judge remanded the case, stating that the defendants’ right to removal had to be balanced against the plaintiffs’ right to a speedy decision on the merits. The judge acknowledged that the case had been properly removed but concluded that remand was appropriate because of the court’s heavy caseload.
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