Legal Opinion

Quality Infusion Care Inc. v. Humana Health Plan of Texas Inc.

Court of Appeals for the Fifth Circuit

Decided August 13, 2008No. 07-20703, 07-20887UnpublishedCited by 8 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge: *

This appeal concerns two cases that were consolidated for appeal from the United States District Court for the Southern District of Texas, Nos. 07-20703 (“Case #1”) and 07-20887 (“Case #2”). Both cases were removed from state court to federal court, and in both cases, the district court declined to remand to state court, and instead entered orders of dismissal on almost identical grounds. For the reasons provided below, we AFFIRM the district court in both cases.

I. FACTS AND PROCEEDINGS

Defendant-Appellee Humana Health Plan of Texas, Inc. (“Humana”)1 is a…

2Cases cited20 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  4. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  5. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004

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3Cited by8 opinions

  1. Lone Star OB/GYN Associates v. Aetna Health Inc.Court of Appeals for the Fifth Circuit · 2009
  2. Spear Marketing, Incorporated v. BancorpSouth BankCourt of Appeals for the Fifth Circuit · 2015
  3. Swenson v. United of Omaha Life Insurance Co.Court of Appeals for the Fifth Circuit · 2017
  4. Innova Hospital San Antonio, L.P. v. Humana InsuranceDistrict Court, W.D. Texas · 2014
  5. LifeCare Management Services, LLC v. Insurance Management Administrators, Inc.District Court, N.D. Texas · 2011

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