Legal Opinion
In Re Tyco International, Ltd.
District Court, D. New Hampshire
Decided June 21, 2004No. MDL 02-1335-PB, 03-1336-PB, 03-1338-PB, 03-1344-PB, 03-1345-PB, 03-1346-PB, 03-1347-PB, 03-1349-PBPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BARBADORO, Chief Judge.
The plaintiffs in seven of the 47 cases that have been consolidated for pretrial proceedings in this multidistrict litigation matter have moved to remand their cases to the state courts in which they were originally filed. The cases are based exclusively on the Securities Act of 1933 (“the Securities Act”), 15 U.S.C. § 77a-77aa, which until 1998 did not permit the removal of any case that was deemed to arise under the Securities Act. Congress ' created a limited exception to the nonre-moval rule when it adopted the Securities Litigation Uniform…
2Cases cited8 opinions
- United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
- Mercedes Montalvo-Huertas, Etc. v. Hector Rivera-Cruz, Etc.Court of Appeals for the First Circuit · 1989
- Kahn Lucas Lancaster, Inc. v. Lark International Ltd.Court of Appeals for the Second Circuit · 1999
- In re the Personal Restraint of SmithWashington Supreme Court · 1999
- In Re SmithWashington Supreme Court · 1999
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Knox v. Agria Corp.District Court, S.D. New York · 2009
- Luther v. Countrywide Financial Corp.California Court of Appeal · 2011
- Niitsoo v. Alpha Natural Resources, Inc.District Court, S.D. West Virginia · 2012
- In re Tyco (individual cases)District Court, D. New Hampshire · 2004