Legal Opinion
James Mignogna v. Sair Aviation, Inc., Exxon Corporation, Mooney Aircraft Corporation, Hancock Field Aero Club and General William D. Stewart
Court of Appeals for the Second Circuit
Decided June 21, 1991No. 1041, Docket 86-6071PublishedCited by 53 opinions
1Opinion of the Court
MAHONEY, Circuit Judge:
Plaintiff-appellant James Mignogna appeals from an order of the United States District Court for the Northern District of New York, Howard G. Munson, then-Chief Judge, that dismissed Mignogna’s claim against Hancock Field Aero Club (“Hancock”) for failure to file an administrative claim as required by 28 U.S.C. § 2675(a) (1988), a provision of the Federal Tort Claims Act (“FTCA”). 1 We reverse and remand, with directions to remand Mignog-na’s claim against Hancock to state court, on the basis that the removal to federal court was improper.
Background
On September 24,…
2Cases cited20 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
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3Cited by53 opinions
- Michael A. Lupo v. Human Affairs International, Inc.Court of Appeals for the Second Circuit · 1994
- California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
- Philip Barbara v. New York Stock Exchange, Inc.Court of Appeals for the Second Circuit · 1996
- Ryan v. Dow Chemical Co.District Court, E.D. New York · 1992
- Wilma Williams v. Kfc National Management CompanyCourt of Appeals for the Second Circuit · 2004
48 more not listed; retrieve them via the Exa API.