United States Second Circuit

In a petition for a writ of mandamus challenging the district court's order denying petitioner's motion to remand the action to state court, the petition is denied where: 1) the court of appeals' prior opinion did not preclude the district court's conclusion that petitioners failed to file a timely motion for remand, because the purportedly erroneous removal under 28 U.S.C. section 1452(a) did not implicate the district court's subject matter jurisdiction; and 2) any challenge to the district court's subject matter jurisdiction was best addressed on direct appeal, rather than by a writ of mandamus.

Appellate Information

• Decided 10/01/2009
• Published 10/01/2009

Judges

• PER CURIAM:, Before WINTER and CABRANES Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael Axline, Tracey O'Reilly, Miller, Axline & Sawyer, Sacramento, CA, for Petitioner., Thomas Marcelle, Albany, NY, Amicus Curiae in Opposition to Petitioner.