Legal Opinion

New Jersey, Department of Treasury v. Fuld

Court of Appeals for the Third Circuit

Decided May 17, 2010No. 09-2891PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The State of New Jersey, Department of Treasury, Division of Investment (“New Jersey”) appeals the District Court’s order denying its motion to remand the action it brought under the Securities Act of 1933, a statute that specifically precludes removal, which defendants had removed to federal court. Defendants/Appellees Richard S. Fuld and various other officers and directors of Lehman Brothers Holdings, Inc., (collectively, “the Directors”) have filed a motion to dismiss the appeal for lack of appellate jurisdiction. We proceed to examine our…

2Cases cited28 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Catlin v. United StatesSupreme Court of the United States · 1945
  5. Caterpillar Inc. v. LewisSupreme Court of the United States · 1996

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3Cited by2 opinions

  1. Joseph Wallace v. Superintendent Mahanoy SCICourt of Appeals for the Third Circuit · 2021
  2. NEW JERSEY, DEPT. OF TREAS., DIV. OF INV. v. FuldCourt of Appeals for the Third Circuit · 2010

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