Legal Opinion
Fine v. Philip Morris, Inc.
District Court, S.D. New York
Decided December 22, 1964PublishedCited by 14 opinions
1Opinion of the Court
McLEAN, District Judge.
This action was begun in the Supreme Court, New York County. Defendants removed it to this court, claiming that the action is removable under 28 U.S.C. § 1441(b), or, in the alternative, under 28 U.S.C. § 1441(c). Plaintiff moves to remand.
The complaint is 70 pages in length. It contains 29 separately stated “causes of action.” Each cause of action begins by realleging all the paragraphs of the complaint which have preceded it, so that the 29th incorporates the entire complaint.
Plaintiff’s grievance is that he allegedly contracted lung cancer as a result of smoking…
2Cases cited9 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Hurn v. OurslerSupreme Court of the United States · 1933
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ellen F. Baer v. United Services Automobile AssociationCourt of Appeals for the Second Circuit · 1974
- Galella v. OnassisDistrict Court, S.D. New York · 1972
- John Birch Society v. National Broadcasting Co.Court of Appeals for the Second Circuit · 1967
- Riegel Textile Corporation v. Celanese CorporationCourt of Appeals for the Second Circuit · 1981
- Glenmede Trust Company v. Dow Chemical CompanyDistrict Court, E.D. Pennsylvania · 1974
9 more not listed; retrieve them via the Exa API.