Legal Opinion

George P. Stoe v. William E. Flaherty David Carpenter James Carpenter William Smelas Robert Sunderman Ronald Statile

Court of Appeals for the Third Circuit

Decided January 23, 2006No. 04-3947PublishedCited by 169 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Plaintiff-appellant George Stoe (“Stoe”) brought a state-law action in state court to recover unpaid severance benefits from current and former officers of his previous employer, which is now bankrupt. The defendants removed the case to federal court pursuant to 28 U.S.C. § 1452, which provides for the removal of claims related to a bankruptcy case. In the District Court, the defendants successfully opposed Stoe’s motion for mandatory abstention and ultimately won dismissal on the merits. Because we conclude that the District Court committed errors…

2Cases cited24 opinions

  1. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  2. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  3. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  4. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  5. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987

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3Cited by169 opinions

  1. Parmalat Capital Finance Ltd. v. Bank of America Corp.Court of Appeals for the Second Circuit · 2011
  2. Nuveen Municipal Trust Ex Rel. Nuveen High Yield Municipal Bond Fund v. WithumSmith Brown, P.C.Court of Appeals for the Third Circuit · 2012
  3. Geruschat v. Ernst Young LLP (In Re Seven Fields Development Corp.)Court of Appeals for the Third Circuit · 2007
  4. In Re Exide TechnologiesCourt of Appeals for the Third Circuit · 2008
  5. Nelson v. Welch (In Re Repository Technologies, Inc.)Court of Appeals for the Seventh Circuit · 2010

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