- Case No. 01-52173 (MSSD)
- Adv. No. 19-1003
Defendant Trinity Industries removed plaintiff’s state law mesothelioma action to bankruptcy court arguing protection under a 2003 confirmation order in a Southern District of Mississippi bankruptcy case. Plaintiff moved for mandatory abstention and remand.
Issue: Did the plaintiff carry his burden to require the bankruptcy court’s abstention under 28 U.S.C. 1334(c)(2)?
Ruling: Plaintiff failed to establish the requirements for mandatory abstention; however, the court found grounds to permissively abstain under 28 U.S.C. 1334(c)(1) and remanded the case to state court.