Legal Opinion

Mignogna v. Sair Aviation, Inc.

District Court, N.D. New York

Decided February 9, 1988No. 87-CV-1281PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

This action raises a number of interesting and difficult questions regarding Congress’ recent abrogation of the long-established derivative jurisdiction doctrine when subsection (e) was added to the general removal statute, 28 U.S.C. § 1441. Unfortunately, because this case was improvidently removed, this court lacks the jurisdiction to entertain these questions at this time. 1

Plaintiff was injured when the single-engine airplane he was piloting crashed at the Burlington, Vermont International Airport on September 24, 1983. On March 22, 1985,…

2Cases cited46 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  3. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  4. Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
  5. Arizona v. ManypennySupreme Court of the United States · 1981

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

3Cited by19 opinions

  1. Federal Insurance Company v. TYCO INTERNATIONALDistrict Court, S.D. New York · 2006
  2. Lewis v. Windsor Door Co.Court of Appeals for the Eighth Circuit · 1991
  3. Elkhart Cooperative Equity Exchange v. DayDistrict Court, D. Kansas · 1989
  4. Gerald Thompson, and Cynthia Thompson, Husband and Wife v. Daphne Wheeler, and John D. Risse, Additional Appeal of Daphne WheelerCourt of Appeals for the Third Circuit · 1990
  5. Hayduk v. United Parcel Service, Inc.District Court, S.D. Florida · 1996

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

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