Legal Opinion
Wind v. Eli Lilly & Co.
District Court, E.D. New York
Decided February 23, 1993No. CV 93-512 (JBW)PublishedCited by 2 opinions
1Opinion of the Court
AMENDED
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
Plaintiffs motion to remand this matter to the state court is granted. The one-year time limitation on removal of diversity jurisdiction cases in 28 U.S.C. § 1446(b) precludes defendants from removing this case to federal court more than six years after the complaint was filed. The statute as amended in 1988 must be applied to all pending cases including those commenced prior to the amendments. While the court has power to grant discovery requests while it is considering the remand motion, in the exercise of discretion these requests are…
2Cases cited25 opinions
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
20 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Yonkosky v. HicksDistrict Court, W.D. New York · 2005
- EEOC v. Jackson National Life Insurance CompanyDistrict Court, D. Colorado · 2025