Legal Opinion
Smith Barney, Inc. v. Painters Local Union No. 109 Pension Fund
District Court, D. Nebraska
Decided September 27, 1996No. 8:CV96-178PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CAMBRIDGE, Chief Judge.
This matter is before the Court on Defendants’ appeal (filing 19) of Magistrate Judge Thalken’s order (filing 18) granting Plaintiffs’ motion to remand this case to state court (filing 5).
The appropriate standard of review is set forth in 28 U.S.C. § 636(b)(1)(A): a district judge “may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.” The local rules of procedure provide that, upon appeal, the district judge “shall modify, set aside, or remand…
2Cases cited22 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
17 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re ML-Lee Acquisition Fund II, L.P.District Court, D. Delaware · 1993
- Smith Barney, Inc. v. Painters Local Union No. 109 Pension FundNebraska Supreme Court · 1998
- Petrie v. Pacific Stock Exchange, Inc.District Court, N.D. California · 1997