| No search history |
Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

The U.S. Supreme Court case Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 1998 revolved around the interpretation of when a period for removal begins under federal law in civil cases. The dispute began when Michetti Pipe Stringing filed a lawsuit against Murphy Brothers in Alabama state court over breach of contract and fraud allegations related to pipeline construction work done by both companies. Murphy Brothers argued that they were not properly served with the complaint and thus their time to remove the case to federal court had not started yet; however, this was disputed by Michetti who claimed that informal receipt of the complaint initiated this period. The Supreme Court ruled unanimously in favor of Murphy Brothers stating that formal service is necessary before any removal clock starts ticking according to 28 U.S.C §1446(b). This decision clarified an important procedural rule regarding jurisdictional matters between state and federal courts.
In the dissenting opinion for Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., Justice Scalia argued that service of process should not be a prerequisite to start the clock on the 30-day removal period under federal law. He contended that this interpretation was more consistent with historical practice and common understanding of legal proceedings where notice is typically sufficient to trigger deadlines. Furthermore, he pointed out inconsistencies in majority's reasoning by highlighting how their ruling could lead to absurd results such as defendants being able to delay removal indefinitely simply by refusing or avoiding formal service after receiving actual notice of a lawsuit against them.