Epstein Secrets

on should be resolved in favor of remand to state court." Univ. of South Alabama'. American Tobacco Co., 168 F.3d 405, 41I (11th Cir. 1999) (citing Burns'. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir. 1994), and Coker'. Amoco Oil 3 EFTA00175559 Case 0:08-cv-._ _..,04-KAM Document . . Entere-

fraudulent, Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. Plaintiff's Motion to Remand [DE 11] is GRANTED. 2. This case shall be REMANDED to the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, case No. 50 2008 CA 006596, for lack of subject matte

Atty., Northern Dist. of New York, Syracuse, New York, on the brief), for appellant. Joseph W. Burns, New York City (John P. Cuddahy and Austin, Burns. Appell & Smith, New York City. and George Bond, Jr., N. Earle Evans, Jr. and Bond. Sehoeneck & King, Syracuse. New York, on the brief), for appe

y are more ap- propriately ft to state factfinders and be- cause the involve hypothetical circum- stances.. AFFIRMED in part; REVERSED in part and REMANDED. LYNNE, District Judge, dissenting: In my opinion the discussion and affirm- ance of the district court's denial of an injunction are inappropriat

774 Case 9:08-cv-80119-KAM Document 149 Entered on FLSD Docket 06/09/2009 Page 10 of 13 Doe 101 v. Epstein Page 10 usually be irrelevant. Cf. Burns v. McGregor Electronic Industries, Inc., 989 F.2d 959, 962-63 (8th Cir. 1993) (posing for a nude magazine outside work hours is irrelevant to issue

nt. We express no opinion as to the ad- missibility of any statements made by Wood either before or after the breach of the contract. REVERSED and REMANDED. C.A.I I (Fla.),1986. U.S. v. Wood 780 F.2d 929 O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. Page 4 haps://web2.westlaw.com/pr