Legal Opinion
Superior Contracting Grp. Inc. v. Rachmale (In re LTC Holdings, Inc.)
United States Bankruptcy Court, D. Delaware
Decided June 12, 2018No. Case No. 14–11111 (CSS) (Jointly Administered); Adv. No.: 16–50948 (CSS)PublishedCited by 9 opinions
1Opinion of the CourtSontchi, J.
INTRODUCTION 2
Before the Court is a sua sponte Order wherein the parties were asked to brief three issues, i.e. , whether the Proceeding should be dismissed for lack of subject matter jurisdiction, if the Court should abstain from hearing the Proceeding, or if the Court should remand the Proceeding to state court.
The law of the case doctrine and a review of the jurisdictional issues under Third Circuit law both lead the Court to establish a finding of "related to" jurisdiction in this Proceeding. Neither abstention, nor remand to state court are appropriate. Given such findings, the Court…
2Cases cited50 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Arizona v. CaliforniaSupreme Court of the United States · 1983
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