Legal Opinion
Parks v. Guidant Corp.
District Court, N.D. Indiana
Decided November 21, 2005No. 2:05 CV 042 PSPublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
SIMON, District Judge.
Plaintiffs filed this products liability case in Indiana state court and Defendants removed it under the federal officer removal statute, 28 U.S.C. § 1442(a)(1). Before the Court is Plaintiffs’ Motion for Remand. [Doc. 15.] Our jurisdiction hinges on whether Defendants acted under the direction of a federal agency and whether Defendants’ removal was timely. For the reasons set forth below, Plaintiffs’ motion is GRANTED with each party to bear its own attorneys’ fees. 1
BACKGROUND
The claims in this case arise out of the alleged malfunction of a medical…
2Cases cited16 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
- Willingham v. MorganSupreme Court of the United States · 1969
- Mesa v. CaliforniaSupreme Court of the United States · 1989
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3Cited by3 opinions
- Alsup v. 3-Day Blinds, Inc.District Court, S.D. Illinois · 2006
- Brokaw v. Boeing Co.District Court, N.D. Illinois · 2015
- In Re Guidant Corp. Implantable Defibrillators Products Liability LitigationDistrict Court, D. Minnesota · 2006