Legal Opinion

Sharon Palkow v. Csx Transportation, Inc., Harry Crawford and Diane Tavares

Court of Appeals for the Sixth Circuit

Decided November 18, 2005No. 04-4060PublishedCited by 48 opinions

1Opinion of the Court

OPINION

ROSEN, District Judge.

Plaintiff Sharon Palkow appeals an Opinion and Order of the District Court of the Northern District of Ohio denying her motion to remand and granting the Defendants’ Fed.R.Civ.P. 12(b)(6) motion to dismiss her complaint for failure to state a claim upon which relief can be granted. For the reasons that follow, we conclude that this action was improperly removed from the state court as federal subject matter jurisdiction is lacking. Accordingly, we REVERSE the District Court’s denial of Plaintiffs motion to remand and direct that the Order and Judgment of dismissal…

2Cases cited31 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  3. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  4. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  5. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981

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3Cited by48 opinions

  1. Gentek Building Products, Inc., Steel Peel Litigation Trust, Formerly Known as Sherwin-Williams Claims Trust v. The Sherwin-Williams CompanyCourt of Appeals for the Sixth Circuit · 2007
  2. Rebecca Hampton v. R.J. Corman Railroad SwitchingCourt of Appeals for the Sixth Circuit · 2012
  3. Computer Leasco, Inc. v. NTP, Inc.Court of Appeals for the Sixth Circuit · 2006
  4. Hahn v. RauchDistrict Court, N.D. Ohio · 2008
  5. Equal Employment Opportunity Commission v. FPM Group, Ltd.District Court, E.D. Tennessee · 2009

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