Legal Opinion
Calhoon v. Bonnabel
District Court, S.D. New York
Decided July 8, 1982No. 82 Civ. 2091PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
LOWE, District Judge.
INTRODUCTION
This case presents a mixed question of procedure and substantive law which, though often probed, has produced no consistent answer nor a uniform doctrinal approach among the federal courts. Broadly framed, the question is whether the general removal statute codified at 28 U.S.C. § 1441 1 permits a state court defendant to remove an action to federal district court on the sole ground that the state claims (causes of action) are wholly preempted by federal law? More specifically, this Court must determine whether it has removal…
2Cases cited30 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Avco Corp. v. Aero Lodge No. 735, International Ass'n of MacHinists & Aerospace WorkersSupreme Court of the United States · 1968
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
25 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
- Gilbert v. Burlington Industries, Inc.Court of Appeals for the Second Circuit · 1985
- Aloha Airlines, Inc. v. Keith Ahue, and Air Line Pilots Association, International, Intervenor-AppellantCourt of Appeals for the Ninth Circuit · 1993
- Talk to Me Products, Inc. v. Larami Corp.District Court, S.D. New York · 1992
- Still v. DeBuonoDistrict Court, S.D. New York · 1996
12 more not listed; retrieve them via the Exa API.