Legal Opinion

American Home Assurance Co. v. RJR Nabisco Holdings Corp.

District Court, S.D. New York

Decided July 8, 1999No. 99 Civ. 1184(JSR), 99 Civ. 2297(JSR)PublishedCited by 16 opinions

1Opinion of the Court

OPINION AND ORDER

RAKOFF, District Judge.

“The [federal] removal statute is a judicial curiosity” 1 and no more so than in its application to these two related cases removed from the New York State court and recently referred to this judge following the recusal of the judge of this Court to whom they were originally assigned. On the face of the pleadings, the first of the two cases, American Home Assurance Co. et al. v. RJR Nabisco Holdings Corp. et. al., 98 Civ. 1184 (the “American Home Action”) should be remanded to state court for lack of subject matter jurisdiction, while the second case,…

2Cases cited21 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Charles E. Abels and Irene C. Abels v. State Farm Fire & Casualty CompanyCourt of Appeals for the Third Circuit · 1985
  3. Roy A. Somlyo v. J. Lu-Rob Enterprises, Inc. And Louis G. BondCourt of Appeals for the Second Circuit · 1991
  4. John PAMPILLONIA, Plaintiff-Appellant, v. RJR NABISCO, INC., Nabisco Foods Group, Planters Lifesavers Company, Defendants-AppelleesCourt of Appeals for the Second Circuit · 1998
  5. Diaz v. SheppardCourt of Appeals for the Eleventh Circuit · 1996

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3Cited by16 opinions

  1. City of Cleveland v. Deutsche Bank Trust Co.District Court, N.D. Ohio · 2008
  2. La Russo v. St. George's University School of MedicineDistrict Court, S.D. New York · 2013
  3. Juliano v. CitigroupDistrict Court, E.D. New York · 2009
  4. Breedlove v. CabouDistrict Court, N.D. New York · 2003
  5. Gross v. DeberardinisDistrict Court, D. Delaware · 2010

11 more not listed; retrieve them via the Exa API.

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