Juan Hernandez and Guadelupe Hernandez v. Brakegate, Ltd.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Juan and Guadelupe Hernandez filed suit in state court, under state law, seeking damages for injuries they attribute to asbestos. Lack of complete diversity frustrated defendants who wished to remove the case to federal court. Just as trial appeared imminent, two of the defendants (Grefco, Inc., and General Refractories Co., collectively “Grefco”) removed the case anyway, claiming that developments in the Manville bankruptcy made this proceeding “related to” the Manville case. “Related” proceedings may be removed under 28 U.S.C. § 1452(a). It had become clear,…
2Cases cited15 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987
- Gravitt v. Southwestern Bell Telephone Co.Supreme Court of the United States · 1977
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3Cited by35 opinions
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- In the Matter of Continental Casualty CompanyCourt of Appeals for the Seventh Circuit · 1994
- In the Matter of Shell Oil CompanyCourt of Appeals for the Seventh Circuit · 1992
- In re United States Brass Corp.Court of Appeals for the Seventh Circuit · 1997
- Pierpoint v. BarnesCourt of Appeals for the Second Circuit · 1996
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