Legal Opinion

Bank of New York Mellon v. ACR Energy Partners, LLC

District Court, D. New Jersey

Decided November 5, 2015No. Civil Action No. 15-7644 (JBS/JS), Civil Action No. 15-7678 (JBS/JS)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

SIMANDLE, Chief Judge:

These cases arise from the financing of construction of a central utility plant adjacent to, and separately owned, from, the defunct Revel Casino and Hotel in Atlantic City. Plaintiff bondholders allege that the borrowers have defaulted upon their payment obligations and they seek replevin and foreclosure against the utility plant’s owners or assignees. The defendants removed these matters from the Superior Court of New Jersey. Removal is proper, in the present cases, only if defendants demonstrate that these replevin and foreclosure actions could have…

2Cases cited12 opinions

Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
Alan Schmidt v. John SkolasCourt of Appeals for the Third Circuit · 2014

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3Cited by1 opinion

Portillo v. National Freight, Inc.District Court, D. New Jersey · 2016