Legal Opinion
La Russo v. St. George's University School of Medicine
Court of Appeals for the Second Circuit
Decided March 4, 2014No. Docket 13-1665-cvPublishedCited by 38 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge.
This appeal primarily concerns a narrow issue of federal procedural law and an equally narrow issue of New York procedural law. The federal law issue is whether a real party defendant in interest that owns and operates a non-juridical entity that was improperly sued in state court may remove a diversity case to federal court without filing an appearance in the state court prior to attempting removal. The state law issue is whether New York’s rule tolling a limitations period because of a plaintiffs insanity, N.Y. C.P.L.R. § 208 (McKinney 2013), applies to the…
2Cases cited22 opinions
- Goldstein v. PatakiCourt of Appeals for the Second Circuit · 2008
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- Lumbermen's Mutual Casualty Co. v. ElbertSupreme Court of the United States · 1954
- ACHTMAN v. KIRBY, McINERNEY & SQUIRE, LLPCourt of Appeals for the Second Circuit · 2006
- Stanley v. LebetkinAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by38 opinions
- Vinod Sharma v. Hsi Asset Loan Obligation TrustCourt of Appeals for the Ninth Circuit · 2022
- Ahluwalia v. St. George's University, LLCDistrict Court, E.D. New York · 2014
- Novak v. Bank of New York Mellon Trust Co., NA.Court of Appeals for the First Circuit · 2015
- Michael Mayes v. American Hallmark Insurance CoCourt of Appeals for the Ninth Circuit · 2024
- Sokolow v. Palestine Liberation OrganizationDistrict Court, S.D. New York · 2014
33 more not listed; retrieve them via the Exa API.