The Second Circuit today vacated an order denying motions by the States of California and New Hampshire to send back to state courts lawsuits that they brought against companies that manufactured, refined, marketed, or distributed an octane-enhancing gasoline additive, methyl tertiary butyl ether ("MTBE"). The court held that neither the federal officer removal statute, nor the bankruptcy removal statute, nor any other jurisdictional basis supported keeping the cases in federal court. It directed the district court to remand them to state courts in California and New Hampshire. In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litig., No. 04-5974-cv (2d Cir. May 24, 2007) (available at www.ca2.uscourts.gov).
Barry Barnett
