United States District Court, E.D. New York
March 3, 2004.
In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION JOE ISAACSON and PHILLIS LISA ISAACSON, Plaintiffs, -against- DOW CHEMICAL COMPANY, et al., Defendants
The opinion of the court was delivered by: JACK WEINSTEIN, Senior District Judge
Plaintiffs move pursuant to section 1292(b) of title 28 of the United
States Code to amend and certify for interlocutory appeal this court's
order denying their motion to remand the proceedings to state court.
In re "Agent Orange" Prod. Liab. Litig., 2004 U.S. Dist. LEXIS
1626 (E.D.N.Y. Feb. 9, 2004) (Removal).
The order issued by this court arguably "involves a controlling
question of law as to which there is substantial ground for difference of
opinion." 28 U.S.C. § 1292(b), An immediate appeal from the order will not,
however, "materially advance the ultimate termination of the litigation."
Plaintiffs' motion is denied.
This order does not stay proceedings in this court. Discovery shall
© 1992-2004 VersusLaw Inc.