WIND v. ELI LILLY & CO.

No. CV 93-512 (JBW).

814 F.Supp. 305 (1993)

Janice WIND, Plaintiff, v. ELI LILLY & COMPANY, E.R. Squibb & Sons, Inc., and the Upjohn Company, Defendants.

United States District Court, E.D. New York.

February 23, 1993.


Attorney(s) appearing for the Case

Leonard Finz, Stuart Finz, Joseph Lichtenstein, Law Offices of Leonard L. Finz, P.C., New York City, for plaintiff.

Russel H. Beatie, Jr., Beatie, King & Abate, New York City, for Eli Lilly and Co.

Jay P. Mayesh, Stroock, Stroock & Lavan, New York City, for Upjohn Co.


AMENDED

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Plaintiff's motion to remand this matter to the state court is granted. The one-year time limitation on removal of diversity jurisdiction cases in 28 U.S.C. § 1446(b) precludes defendants from removing this case to federal court more than six years after the complaint was filed. The statute as amended in 1988 must be applied to all pending cases including those commenced prior to the...

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