Legal Opinion
Fisher v. White
District Court, E.D. New York
Decided April 24, 1989No. 89-CV-458 (JRB)Published
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
BARTELS, District Judge.
I
In this abuse of process case, which was removed to this Court, defendant Janice G. *38White, Esq. has moved for dismissal pursuant to Fed.R.Civ.P. 12(b)(6), for sanctions pursuant to Fed.R.Civ.P. 11, and, in the alternative, to transfer the case to the United States District Court for the Southern District of New York under 28 U.S.C. § 1404(a). Plaintiff Obadiah Fisher has, in turn, cross-moved for sanctions, and for remand of the case under 28 U.S.C. § 1447(c) to the state court in which it was commenced. Before ruling on these motions, a…
2Cases cited22 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
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