Enbridge Energy, LP v. Nessel · ¶16

After accepting the interlocutory appeal, the Sixth Circuit reversed. 104 F. 4th 958 (2024). Enbridge, the Circuit held, unquestionably missed the 30-day removal deadline. As for the District Court's conclusion that § 1446(b)(1)'s deadline should be equitably tolled, the Circuit held that although statutes of limitations are presumptively subject to such tolling, several features of § 1446(b)(1) and the overall removal scheme rebutted that presumption. Section 1446(b)(1) thus could not be equitably tolled, and the lawsuit had to be remanded to the Michigan state court.

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