Legal Opinion
California Public Employees' Retirement System v. WorldCom, Inc.
Court of Appeals for the Second Circuit
Decided May 11, 2004No. Docket No. 04-0219PublishedCited by 149 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge.
In this case of first impression in the courts of appeals, we are asked to decide whether a federal district court may exercise bankruptcy jurisdiction over generally nonremovable claims brought under the Securities Act of 1933. This is a close question, as it involves a direct conflict between two unambiguous statutes — Section 22(a) of the Securities Act of 1933,2 which bars removal of individual Securities Act claims, and 28 U.S.C. § 1452(a),3 which permits removal of claims that are “related to” a bankruptcy case. Because our resolution of this controlling…
2Cases cited34 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Russello v. United StatesSupreme Court of the United States · 1983
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Duncan v. WalkerSupreme Court of the United States · 2001
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
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3Cited by149 opinions
- Gibbons v. Bristol-Myers Squibb Co.Court of Appeals for the Second Circuit · 2019
- McGraw-Hill Global Educ. Holdings, LLC v. MathraniDistrict Court, S.D. Illinois · 2018
- Katz v. GerardiCourt of Appeals for the Seventh Circuit · 2009
- In Re WorldCom Securities LitigationCourt of Appeals for the Second Circuit · 2007
- Youngers v. Virtus Investment Partners Inc.District Court, S.D. New York · 2017
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