Legal Opinion

Smith v. Texas Children's Hospital

Court of Appeals for the Fifth Circuit

Decided May 4, 1999No. 98-20077PublishedCited by 34 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Texas Children’s Hospital appeals an order remanding this case to Texas state court. We conclude that we lack jurisdiction to review the order of remand, and dismiss the appeal.

I

Jackie Smith (“Smith”) filed suit in Texas state court against Texas Children’s Hospital (“Texas Children’s”), alleging entitlement to long-term disability benefits under various state-law causes of action. 1 Texas Children’s removed the action to federal district court on the grounds that the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq.…

2Cases cited13 opinions

  1. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  2. Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
  3. Gravitt v. Southwestern Bell Telephone Co.Supreme Court of the United States · 1977
  4. The Clorox Company v. The United States District Court for the Northern District of California, Carol Stower, Real PartyCourt of Appeals for the Ninth Circuit · 1985
  5. Cindy Whitman v. Raley's Inc., Floyd L. Krentz v. Connecticut General Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1989

8 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Brookshire Bros. Holding, Inc. v. Dayco ProductsCourt of Appeals for the Fifth Circuit · 2009
  2. Bernhard v. Whitney National BankCourt of Appeals for the Fifth Circuit · 2008
  3. Schexnayder v. Entergy Louisiana, Inc.Court of Appeals for the Fifth Circuit · 2004
  4. Certain Underwriters at Lloyd's v. Warrantech Corp.Court of Appeals for the Fifth Circuit · 2006
  5. John Hinkley v. Envoy Air, IncorporatedCourt of Appeals for the Fifth Circuit · 2020

29 more not listed; retrieve them via the Exa API.

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