Legal Opinion
Polyplastics, Inc. v. Transconex, Inc.
Court of Appeals for the First Circuit
Decided August 3, 1983No. 82-1906PublishedCited by 43 opinions
1Opinion of the Court
COFFIN, Circuit Judge.
The dispositive jurisdictional question raised by this appeal is whether, when a case is removed to federal court and the court both denies remand and issues a “protective” order to the state (here, the Commonwealth of Puerto Rico) court to refrain from further proceedings, we have jurisdiction over an interlocutory appeal. Despite considerable case law holding there is jurisdiction, logic and strong policy reasons persuade us that no interlocutory review should be recognized.
I. Background
Polyplastics is a Puerto Rico corporation with offices in Humacao, Puerto Rico.…
2Cases cited21 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Chicago, Rock Island & Pacific Railroad v. StudeSupreme Court of the United States · 1954
- Ramiro Arango and Gabriella Arango, Individually, Etc., Plaintiffs v. Guzman Travel Advisors Corporation, Etc.Court of Appeals for the Fifth Circuit · 1980
- Codex Corporation and Yellow Freight System, Inc. v. Milgo Electronic Corporation and International Communications CorporationCourt of Appeals for the First Circuit · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Hyde Park Partners, L.P. v. ConnollyCourt of Appeals for the First Circuit · 1988
- National Asbestos Workers Medical Fund v. Philip Morris, Inc.District Court, E.D. New York · 1999
- Sierra Club v. John O. Marsh, Jr., Etc.Court of Appeals for the First Circuit · 1990
- Mills v. Allegiance Healthcare Corp.District Court, D. Massachusetts · 2001
38 more not listed; retrieve them via the Exa API.