McClelland v. Gronwaldt

MEMORANDUM OPINION COBB, District Judge.

Before the court is Plaintiff Jerry McClelland’s motion seeking certification of an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). The court has heard the parties’ oral arguments and considered their written submissions. For the reasons given below, the plaintiffs motion is granted.

BACKGROUND

In December 1992, the plaintiff filed suit in the 58th Judicial District, District Court, State of Texas. The plaintiff alleged a breach of the duty of good faith and fair dealing, violation of Article 21.21 of the Texas Insurance Code, negligent handling of…