Legal Opinion
Galen-Med, Inc. v. Owens
District Court, W.D. Virginia
Decided January 19, 1999No. Civil Action 98-0202-APublishedCited by 12 opinions
1Opinion of the Court
OPINION
JONES, District Judge.
The question in this case is whether a third-party defendant may remove an action from state court, based on federal subject-matter jurisdiction. Since I find that a third-party defendant is not a “defendant” within the meaning of the removal statute and because the third-party action here is not a separate and independent claim, I hold that there is no removal jurisdiction.
I. Background.
The plaintiff, Galen-Med, Inc., trading as Clinch Valley Medical Center, filed a warrant in debt in the General District Court of Tazewell County, Virginia, to collect $7,733.65…
2Cases cited22 opinions
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- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
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3Cited by12 opinions
- Palisades Collections LLC v. ShortsCourt of Appeals for the Fourth Circuit · 2009
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- First National Bank v. CurryCourt of Appeals for the Sixth Circuit · 2002
- MacH v. TRIPLE D SUPPLY, LLCDistrict Court, D. New Mexico · 2011
- Cross Country Bank v. McGrawDistrict Court, S.D. West Virginia · 2004
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