Montgomery & Larmoyeux v. Philip Morris, Inc.

ORDER OF REMAND

GOLD, District Judge.

Montgomery & Larmoyeux, a Florida law firm, asks the Court to deny removal, and remand this case to the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, for lack of subject -matter jurisdiction. The issue before the Court is whether plaintiffs claim against defendant Michael Maher, a citizen of Florida, is so utterly devoid of merit as to be considered frivolous.

I. FACTS

In February, 1995, the State of Florida and thirteen private law firms entered into an agreement to prosecute a claim against several tobacco companies to recover medicaid…