The State of New Jersey, Department of Treasury v. Fuld, No. 09-2891; Third Circuit; opinion by Sloviter, U.S.C.J.; filed May 17, 2010. Before Judges Sloviter, Hardiman and Restani, International Trade Judge, sitting by designation. On appeal from the District of New Jersey. [Sat below: Judge Thompson.] DDS No. 50-8-7952 [13 pp.]
The New Jersey Department of Treasury, Division of Investment (New Jersey), appeals the District Court’s order denying its motion to remand the action it brought under the Securities Act of 1933, a statute that specifically precludes removal, which defendants had removed to federal court. Defendants/appellees Richard Fuld and other officers and directors of Lehman Brothers Holdings Inc. (the directors) have filed a motion to dismiss the appeal for lack of appellate jurisdiction.
