Legal Opinion

Sompo Japan Insurance Co. of America v. VIP Transport, Inc.

District Court, N.D. California

Decided July 24, 2008No. C 08-01857 JWPublished

1Opinion of the Court

ORDER DENYING PLAINTIFF’S MOTION TO REMAND; GRANTING DEFENDANT’S MOTION TO DISMISS WITH LEAVE TO AMEND

JAMES WARE, District Judge.

I. INTRODUCTION

Sompo Japan Insurance Company of America, Inc. (“Plaintiff’) brings this action in state court against VIP Transport, Inc. and Mayflower Transit, LLC (collectively, “Defendants”), alleging negligent damage to property. Defendants removed the action to federal court alleging preemption under the Interstate Commerce Act (“ICA”), 49 U.S.C. § 14706.

Presently before the Court are Plaintiffs Motion to Remand (hereafter, “Motion to Remand,” Docket Item No.…

2Cases cited19 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  5. Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992

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