Legal Opinion
Brown v. Jevic
Court of Appeals for the Third Circuit
Decided July 31, 2009No. 08-4789PublishedCited by 150 opinions
1Opinion of the Court
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
In this appeal implicating the Class Action Fairness Act of 2005, we consider whether a defendant is precluded from removing a class action to federal court because a co-defendant is in bankruptcy. We hold that it is not.
I
The essential facts and procedural history of the case are undisputed. Appellant Sun Capital Partners, Inc. (Sun) is the parent company of JEVIC Transportation, Inc., which filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware on May 20, 2008, following the closure of its…
2Cases cited14 opinions
- Frederico v. Home DepotCourt of Appeals for the Third Circuit · 2007
- Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Stephen B. Batoff, ph.d. v. State Farm Insurance Company, Leonard M. Paul, ed.dCourt of Appeals for the Third Circuit · 1992
- In Re: Karen A. Briscoe Alfred Lara Wanda T. Kizer Debra Alexander Rhonda Allen Mary Green Glenda D. Abbott and Leslie BalesCourt of Appeals for the Third Circuit · 2006
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by150 opinions
- Farina v. Nokia, Inc.Court of Appeals for the Third Circuit · 2010
- A.S. v. SmithKline Beecham Corp.Court of Appeals for the Third Circuit · 2014
- Manning v. Merrill Lynch Pierce Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 2014
- Michael Avenatti v. Fox News Network LLCCourt of Appeals for the Third Circuit · 2022
- MHA LLC v. HealthFirst, Inc.Court of Appeals for the Third Circuit · 2015
145 more not listed; retrieve them via the Exa API.