Legal Opinion
O'Brien v. Mutual of Omaha Insurance
District Court, E.D. Louisiana
Decided December 7, 1999No. CIV. A. 99-2151PublishedCited by 2 opinions
1Opinion of the Court
ORDER AND REASONS
MENTZ, District Judge.
Plaintiff Michael O’Brien seeks a remand of this action on the grounds that there is no federal question removal jurisdiction over his claims and the removal was untimely.
O’Brien filed suit against defendant Mutual of Omaha Insurance Company on August 5, 1998 in the 24th Judicial District Court for the Parish of Jefferson. He alleged breach of contract under Louisiana law for failure to pay his medical insurance claim for expenses related to a lumbar surgery.
Mutual of Omaha removed the suit to this federal court on July 15, 1999 under 28 U.S.C. § 1441 on…
2Cases cited12 opinions
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Donovan v. DillinghamCourt of Appeals for the Eleventh Circuit · 1982
- Memorial Hospital System v. Northbrook Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
- Richard J. Dodson v. Spiliada Maritime Corp.Court of Appeals for the Fifth Circuit · 1992
- Jeneal Meredith v. Time Insurance CompanyCourt of Appeals for the Fifth Circuit · 1993
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