Teamsters Local 404 Health Services & Insurance Plan v. King Pharmaceuticals, Inc., No. 16-791 (2d Cir. 2018)Annotate this Case
The Second Circuit held that a petition filed in New York Supreme Court under N.Y. C.P.L.R. 3102(c) was not a "civil action" removable to federal court under 28 U.S.C. 1441, 1446. The court affirmed the district court's grant of petitioner's motion to remand the case to state court. In this case, the district court held that it lacked federal question jurisdiction pursuant to 28 U.S.C. 1331 over a New York Civil Practice Law and Rules 3102(c) special proceeding for pre‐action disclosure and that diversity jurisdiction under 28 U.S.C. 1332 was barred under 28 U.S.C. 1441(b)'s "forum defendant" rule.