Community Health Plan of Ohio v. Joseph J. Mosser

OPINION

GWIN, District Judge.

With this appeal, we examine whether the district court erred when it granted Plaintiff-Appellee Community Health Plan of Ohio (“CHPO”) summary judgment on its claims for specific performance and restitution against Defendant-Appellant Joseph J. Mosser (“Mosser”).

In reviewing Mosser’s appeal, we first consider whether the federal courts have jurisdiction over this case. Under the recent United States Supreme Court decision in Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 122 S.Ct. 708, 151 L.Ed.2d 635 (2002), federal subject matter jurisdiction does…