Travelers Home & Marine Insurance Co. v. Home Depot USA Inc.
A party can file a motion to remove a suit to District Court within 30 days after it becomes apparent from a pleading, motion or other document that the suit is subject to removal. The plaintiff insurance company filed a product-liability suit in Connecticut Superior Court, alleging that a dehumidifier purchased from the defendant, Home Depot, caused a fire on Oct. 14, 2009. Home Depot removed the suit to District Court, based on diversity jurisdiction. The plaintiff insurance company moved to remand the suit to Superior Court and argued that Home Depot did not remove the suit timely, within 30 days of the date that Home Depot became aware that the amount in controversy was greater than $75,000. The court found that an Aug. 8, 2012, e-mail indicated that the net amount paid was $306,756, and that the e-mail effectively informed the defendant that the amount in controversy was greater than $75,000. Home Depot's Oct. 22, 2012, motion to remove to District Court was not filed timely, within 30 days. The District Court granted the plaintiff insurance company's motion to remand to Connecticut Superior Court.