Scott v. American Tobacco Co.

liWALTZER, Judge,

concurring.

I agree with the majority that the appeal of the manufacturing defendants in 98-CA-0042 is timely. I write separately because I disagree with the majority’s analysis of Motton v. Lockheed Martin Corp., 97-0204 (La.App. 4 Cir. 3/19/97), 692 So.2d 6. This Court clearly held in Motton that when the federal court has previously remanded a notice of removal and subsequently denied a second notice of removal by the same party that is based on the same ground, the state court retains jurisdiction. Under the facts of the instant ease, Motton would require a finding that…