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IN RE "AGENT ORANGE" PRODUCT LIABILITY LITIGATION

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

ORDER

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. ยง 1292(b), An immediate appeal from the order will not, however, "materially advance the ultimate termination of the litigation." Id.

  Plaintiffs' motion is denied.

  This order does not stay proceedings in this court. Discovery shall continue. Page 2

  SO ORDERED.

20040303

© 1992-2004 VersusLaw Inc.



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