Legal Opinion

Worthy v. Schering Corp.

District Court, E.D. New York

Decided April 29, 1985No. 85 Civ. 0207PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GLASSER, District Judge:

This is a products liability action against a pharmaceutical firm, Schering Corporation. The case was recently removed from New York Supreme Court on the basis of diversity. Plaintiff has moved for a remand, arguing that the petition for removal was untimely and made with improper motives. For the reasons that follow, this action is remanded for lack of diversity jurisdiction, without an award of costs to plaintiff.

Background

This litigation arises from a malpractice action, Elemerree Worthy v. Dr. Michael Kaiser, filed in New York Supreme Court,…

2Cases cited8 opinions

  1. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  2. Pullman Co. v. JenkinsSupreme Court of the United States · 1939
  3. Albert Pecherski v. General Motors Corp. And Jane DoeCourt of Appeals for the Eighth Circuit · 1981
  4. H. B. Ardison and Johnnie Wilson v. Usbaldo O. VillaCourt of Appeals for the Tenth Circuit · 1957
  5. White v. WellingtonCourt of Appeals for the Second Circuit · 1980

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3Cited by15 opinions

  1. Whitaker v. American Telecasting, Inc.Court of Appeals for the Second Circuit · 2001
  2. Citibank, N.A. v. SwiatkoskiDistrict Court, E.D. New York · 2005
  3. Still v. DeBuonoDistrict Court, S.D. New York · 1996
  4. Ott v. Consolidated Freightways Corp. of DelawareDistrict Court, S.D. Mississippi · 2002
  5. NEWMAN AND CAHN, LLP. v. SharpDistrict Court, E.D. New York · 2005

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