Legal Opinion
Fayard v. NORTHEAST VEHICLE SERVICES, LLC
District Court, D. Massachusetts
Decided June 13, 2007No. CIV.A.07 40006 FDSPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION TO REMAND TO STATE COURT AND FOR ATTORNEY’S FEES
SAYLOR, District Judge.
This is an action seeking monetary and injunctive relief pursuant to state law claims of nuisance, misrepresentation, and civil conspiracy. Plaintiffs Leo E. Fayard and Sara K. Fayard originally filed their complaint in the Worcester County Superi- or Court. Defendants subsequently removed the action to federal court pursuant to 28 U.S.C. § 1441(b), contending that plaintiffs’ state law claims against defendant East Brookfield & Spencer Railroad, LLC are completely preempted by…
2Cases cited17 opinions
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
- Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
- Briarpatch Limited, L.P., Gerard F. Rubin v. Phoenix Pictures, Inc., Michael Medavoy, Geisler Roberdeau, Inc., Terence MalickCourt of Appeals for the Second Circuit · 2004
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3Cited by2 opinions
- Franks Investment Co. LLC v. Union Pacific RailroadCourt of Appeals for the Fifth Circuit · 2010
- Franks Investment Co. LLC v. Union Pacific RailroadCourt of Appeals for the Fifth Circuit · 2010