Insurance Co. of Pennsylvania v. Ben Cooper, Inc.
Insurance Company of the State of Pennsylvania v. Ben Cooper, Inc.
Opinion of the Court
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C. A. 2d Cir. [Certio-rari granted, 497 U. S. 1023 .] The United States, whose motion to intervene filed in this Court on September 28, 1990, was granted, has raised a question concerning the Court of Appeals’ jurisdiction over this case and hence a question about our own jurisdiction. Motion of United States to Intervene and Brief for United States 9-17. Because the Court of Appeals should address the jurisdictional issue in the first instance, we vacate the judgment of the Court of Appeals and remand the case for consideration of the jurisdictional issue raised by the United States.
How later courts describe this case
Explanatory parentheticals written by citing courts — 10 in all; the most informative distinct ones are shown.
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(“the structure of the [bankruptcy] statute as a whole does not permit such a [broad] construction”)
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(defendant requested funds to hire an expert to assist in the preparation of his motion for change of venue)
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(wherein a potential juror clearly voiced bias and a 'fixed opinion,' and the cause was remanded to determine whether the juror could lay aside his 'fixed opinion')
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(§ 157(b)(3) demonstrates Congress' intent that bankruptcy courts are not precluded from adjudicating state-law claims where they are at the heart of the administration of the estate)
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(Supreme Court vacated judgment and remanded on ground that Court of Appeals should have first addressed the jurisdictional issue, and remanded for Court of Appeals to consider jurisdictional issue)
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(the Second Circuit sustained a jury trial in Bankruptcy Court in a core proceeding)
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(debtor-in-possession’s action to enforce contract entered into post-petition is a core proceeding)
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(Congress intended a narrow reading of Marathon)
Cited by 161 cases
View all citing references →- U.S. Supreme Court1
- U.S. Courts of Appeals21
- Federal District Courts48
- Bankruptcy Courts45
- State Highest Courts4
- State Appellate Courts42
Relies on it most ⓘ
- Peterson v. 610 W. 142 Owners Corp. (In re 610 W. 142 Owners Corp.)
- Gumport v. Growth Financial Corp. (In re Transcon Lines)
- Thomas M. Germain, Trustee for the Estate of O'sullivan's Fuel Oil Co., Inc. v. The Connecticut National Bank
- Whitehead v. State
- In re Grabill Corporation, Camdon Companies, Incorporated, Foxxford Group Limited, Debtors. Appeal of Ncnb National Bank of North Carolina
- J.T. Moran Financial Corp. v. American Consolidated Financial Corp. (In re J.T. Moran Financial Corp.)
Most recent
- Paragon Litig. Trust v. Noble Corp. (In re PLC)
- Scott v. American Security Insurance Co. (In re Scott)
- Delaware Trust Co. v. Wilmington Trust, N.A.
- Harvey v. Dambowsky (In re Dambowsky)
- Silverman v. Tudor Insurance (In re Lenders Abstract & Settlement Service Inc.)
- Ace Am. Ins. v. DPH Holdings Corp.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.