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§ 1452

Barker v. King

Mar
13
2008
Ruling
124 medical malpractice cases against debtor remanded to state court.
Procedural posture

Plaintiff patients filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the patients sustained. Defendants removed the cases to federal district court, and the patients filed a motion to remand.

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Consumer opinion summary, case decided on March 13, 2008 , LexisNexis #0408-025
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Barker v. King

Mar
13
2008
Ruling
124 medical malpractice cases against debtor and others remanded to state court for expeditious resolution.
Procedural posture

Plaintiff was one of numerous people who filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the doctor caused. Defendants removed the cases to federal district court, and plaintiffs filed a consolidated motion to remand.

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Consumer opinion summary, case decided on March 13, 2008 , LexisNexis #0408-062
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In re Roman Catholic Bishop of San Diego

Aug
24
2007
Ruling
Actions alleging sexual abuse by clergy of debtor diocese remanded to state court.
Procedural posture

Plaintiffs in 42 of the approximately 127 removed child sexual abuse adversary proceedings against defendant chapter 11 debtor filed motions to remand the proceedings to state court pursuant to 28 U.S.C. § 1452(b).

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Commercial opinion summary, case decided on August 24, 2007 , LexisNexis #1007-058
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Superior Bank v. Hilsman (In re Hilsman)

Oct
02
2006
Ruling
Breach of contract action involving state law which could be timely adjudicated by parties remanded.
Procedural posture

Bankruptcy trustee filed a motion for remand pursuant to 28 U.S.C. § 1452(b), in the alternative, a motion to abstain and remand to state court creditor bank's action against debtor and debtor's counterclaim regarding a breach of contract on loans. The bank opposed the motions.

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opinion summary, case decided on October 02, 2006 , LexisNexis #1106-140
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Foster Poultry Farms Inc. v. IBM Corp.

Aug
01
2006
Ruling
Contract dispute was not related to bankruptcy absent clear showing that contested funds belonged to debtor and was improperly removed.
Procedural posture

Plaintiff poultry producer filed suit against defendant computer supplier and its business partner in state court alleging breach of contract, conversion, unjust enrichment/quasi- contract, resulting trust, and constructive trust. The business partner filed a notice of removal and motions to transfer venue and to dismiss under Fed. R. Civ. P. 12(b)(7). The poultry producer filed a motion for remand, 28 U.S.C. § 1447(c).

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opinion summary, case decided on August 01, 2006 , LexisNexis #1106-139
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City & County of San Francisco v. PG&E Corp.

Jan
10
2006
Ruling
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
Procedural posture

Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 10, 2006 , LexisNexis #0106-127
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