United States Second Circuit

Order remanding a case asserting environmental claims to state court for failure to comply with a local court rule is vacated where the remand order was appealable, the remand order was erroneously issued, and the district court-s subject matter jurisdiction was properly invoked.

Appellate Information

• Decided 01/12/2006
• Published 01/12/2006

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN and SOTOMAYOR, Circuit Judges;  and DANIELS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Marilyn A. Hochfield, Buffalo, N.Y. (Randolph C. Oppenheimer, Steve Suneson, Kavinoky Cook LLP, on the brief), for Defendant-Appellant., Robert E. Knoer, Knoer, Crawford & Bender, LLP, Buffalo, N.Y., for Plaintiffs-Appellees.