United States Second Circuit

Where case was initially removed from state court under 28 U.S.C. section 1452 as related to bankruptcy, then remanded back to state court based on abstention, the district court may not enjoin a party in the remanded case from asking the bankruptcy court to stay the remanded state court action.

Appellate Information

• Decided 01/29/2003
• Published 01/29/2003

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN, SACK, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Barry Sullivan, Chicago, IL (Vincent E. Lazar, Jennifer L. McManus, Jenner & Block, LLC, Chicago, IL;  Deborah M. Buell, James L. Bromley, Cleary, Gottlieb, Steen & Hamilton, New York, NY, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Lee E. Woodard, Martin, Martin & Woodard, LLC, Syracuse, NY, for Defendant-Appellee.