Things Remembered, Inc. v. Anthony A. Petrarca (516 U.S. 124)
U.S. Supreme Court · decided December 5, 1995 · Supreme Court Database (Spaeth)
- Citation
- 516 U.S. 124 · 116 S. Ct. 494
- Decided
- December 5, 1995
- Term
- October Term 1995
- Vote
- 9–0
- Majority author
- Justice Thomas
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Thomas delivered the opinion of the Court. We decide in this case whether a federal court of appeals may review a district court order remanding a bankruptcy case to state court on grounds of untimely removal. I Respondent commenced this action in March 1992 by filing a four-count complaint against Child World, Inc., and Cole National Corporation in the Court of Common Pleas in Summit County, Ohio. The state action charged Child World with failure to pay rent under two commercial leases. The complaint also sought to enforce Cole’s guarantee of Child World’s performance under the leases. Petitioner is Cole’s successor in interest. On May 6,1992, Child World filed a Chapter 11 petition in the United States Bankruptcy Court for the Southern District of New York. On September 25, 1992, petitioner filed notices of removal in both the United States District and Bankruptcy Courts for the Northern District of Ohio. Petitioner based its removal on the bankruptcy removal statute, 28 U. S. C. § 1452(a), as well as the general federal removal statute, 28 U. S. C. § 1441(a). Petitioner also filed a motion in the District Court to transfer venue to the Bankruptcy Court in the Southern District of New York, so that respondent’s guaranty claims could be resolved in the same forum as the underlying lease claims against Child World. Respondent countered by filing motions to remand in…
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