Legal Opinion
Lloyd v. Cabell Huntington Hospital, Inc.
District Court, S.D. West Virginia
Decided July 29, 1999No. Civ.A. 3-99-0433PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION AND REMAND ORDER
HADEN, Chief Judge.
Pending are (1) Plaintiffs motion to remand this civil action to the Circuit Court of Cabell County, West Virginia and (2) Defendant AcroMed Corporation’s motion to stay proceedings pending transfer to the United States District Court for the Eastern District of Pennsylvania. Because the Court finds removal was improper and it therefore lacks subject matter jurisdiction, Plaintiffs motion for remand is GRANTED and Defendant’s motion is DENIED as moot.
I. FACTUAL BACKGROUND
On December 14, 1996 Plaintiff had surgery at Cabell Huntington…
2Cases cited19 opinions
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- United States v. New York Telephone Co.Supreme Court of the United States · 1977
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- In Re Agent Orange Product Liability Litigation.Court of Appeals for the Second Circuit · 1993
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Meyers v. Bayer AGDistrict Court, E.D. Wisconsin · 2001
- Kohl v. American Home Products Corp.District Court, W.D. Arkansas · 1999
- Stott v. Capital Financial Services, Inc.District Court, N.D. Texas · 2011
- Abner v. Mate Creek Loading, Inc. (In Re Mid-Atlantic Resources Corp.)District Court, S.D. West Virginia · 2002
- In Re: Orthopedic Bone Screw Products Liability Litigation (Mdl No. 1014) Daniel Fanning , on Behalf of Himself and All Others Similarly Situated Margaret Schmerling , on Behalf of Herself and All Others Similarly Situated v. Acromed Corporation Gibralter National Insurance (Intervenor in District Court) (d.c. Civil No. 97-Cv-00381) Joyce Custer, Robert Deniken, Rebecca Hill, Marie Wells Iacono, Katherine D. Morris and Brenda WilletteCourt of Appeals for the Third Circuit · 2003
7 more not listed; retrieve them via the Exa API.