Legal Opinion

Simard v. Lacrimedics, Inc.

District Court, D. Arizona

Decided August 12, 2004No. CV-03-1864-PHX-ROSPublished

1Opinion of the Court

ORDER

SILVER, District Judge.

Plaintiffs Tamilyn Simard and Heather Ward move to remand this action to the Maricopa County Superior Court, which was removed by Defendants ( “Lacrimed-ics”). For the reasons set forth below the Court will grant the Plaintiffs Motion for Remand.

I. BACKGROUND

Plaintiffs filed this action in state court as a class action 1 against Lacrimedics, alleging only state tort claims for negligence, strict products liability, and negligent misrepresentation. [Doc. # 1 (Class Action Compl.), Ex. A, pp. 5-6]. Plaintiffs allege each was medically treated, along with a possible…

2Cases cited22 opinions

  1. Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
  2. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  3. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  4. Susan Kanter Sharon Plunk v. Warner-Lambert Co. And Pfizer Inc.Court of Appeals for the Ninth Circuit · 2001
  5. Snyder v. HarrisSupreme Court of the United States · 1969

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