Jenkins v. Sandoz Pharmaceuticals Corp.

MEMORANDUM OPINION

DAVIDSON, District Judge.

This cause comes before the court upon the motion of the plaintiff to remand this action to the Circuit Court of Lee County, Mississippi. The defendants removed this case from state court on February 28, 1997. The plaintiff followed with her motion to remand on March 27,1997, and this issue has since been fully briefed by all parties. The court finds the motion well taken and shall grant it.

DISCUSSION

I. GENERAL PRINCIPLES

The burden is on the defendant to prove federal jurisdiction exists over the state court suit. Carpenter v. Wichita Falls Indep.…