Legal Opinion
Covanta Onondaga Limited Partnership v. Onondaga County Resource Recovery Agency
Court of Appeals for the Second Circuit
Decided January 29, 2003No. Docket 02-9107PublishedCited by 35 opinions
1Opinion of the Court
NEWMAN, Circuit Judge.
This appeal concerns a district court’s authority to act in a case that was initially removed from a state court, pursuant to 28 U.S.C. § 1452, because it was related to a bankruptcy case, and then remanded back to the state court because the district court determined that mandatory abstention applies. The specific issue is whether, after such a remand, the district court may enjoin a party in the remanded case — the debtor in the pending bankruptcy case— from asking the bankruptcy court to stay the remanded state court action. This issue arises on an appeal by Covanta…
2Cases cited27 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- United States v. New York Telephone Co.Supreme Court of the United States · 1977
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3Cited by35 opinions
- Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company, and Metlife, Inc., a Delaware Holding CompanyCourt of Appeals for the Second Circuit · 2004
- Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi NegaraCourt of Appeals for the Second Circuit · 2007
- Parmalat Capital Finance Ltd. v. Bank of America Corp.Court of Appeals for the Second Circuit · 2012
- Arndt v. UBS AGDistrict Court, E.D. New York · 2004
- Bondi v. Grant Thornton InternationalDistrict Court, S.D. New York · 2005
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