Legal Opinion
Niitsoo v. Alpha Natural Resources, Inc.
District Court, S.D. West Virginia
Decided November 5, 2012No. Civil Action No. 2:12-cv-04377PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, Chief Judge.
Pending before the court is the plaintiffs Motion to Remand Case to the Circuit Court of Boone County [Docket 13]. The disposition of this motion depends on whether the Securities Act of 1933 (“Securities Act”), as amended by the Securities Litigation Uniform Standards Act of 1998 (SLUSA), permits the removal of securities class actions alleging violations of federal law. This is a matter of first impression for this court. For the reasons stated below, I hold that, as counter-intuitive as it may seem, the Securities Act only permits…
2Cases cited10 opinions
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Merrill Lynch, Pierce, Fenner & Smith Inc. v. DabitSupreme Court of the United States · 2006
- Kircher v. Putnam Funds TrustSupreme Court of the United States · 2006
- Briscoe v. BellSupreme Court of the United States · 1977
- L. Claire Lander, Charles M. Droz, Julian Block, and Zelda Block v. Hartford Life & Annuity Insurance Company and Hartford Life Insurance CompanyCourt of Appeals for the Second Circuit · 2001
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3Cited by3 opinions
- Electrical Workers Local 357 Pension v. Clovis Oncology, Inc.District Court, N.D. California · 2016
- Schwartz v. Concordia International Corp.District Court, E.D. New York · 2017
- Sciabacucchi v. SalzbergCourt of Chancery of Delaware · 2018