Enbridge Energy, LP v. Nessel · ¶19

Enbridge's argument proceeds in three steps, each critical to prevailing here. First, it contends that § 1446(b)(1)'s 30day removal deadline is not jurisdictional. Second, because the deadline is nonjurisdictional, Enbridge argues that it is presumptively subject to equitable tolling. Third, according to Enbridge, nothing rebuts the presumption that this deadline can be equitably tolled.

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