Legal Opinion
Irene Hurt v. Dow Chemical Company Rose Exterminator Company
Court of Appeals for the Eighth Circuit
Decided July 2, 1992No. 91-2821PublishedCited by 113 opinions
1Opinion of the Court
ARNOLD, Chief Judge.
This case presents two questions: whether this lawsuit brought by the plaintiff Irene Hurt in a Missouri circuit court was properly removed to federal court; and if so, whether the District Court erred in holding that certain of plaintiff’s claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq. Since we hold that removal was improper here, neither the District Court nor we have jurisdiction to reach the second question. We reverse and remand to the District Court with directions to remand the case to the state court.
2Cases cited7 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
- Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
- Continental Cablevision of St. Paul, Inc. v. United States Postal ServiceCourt of Appeals for the Eighth Circuit · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Emma C. Lively v. Wild Oats Markets, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2006
- Snapper, Inc. v. RedanCourt of Appeals for the Eleventh Circuit · 1999
- United States Fidelity & Guaranty Co. v. Lee Investment LLCCourt of Appeals for the Ninth Circuit · 2011
- Dean Humphrey v. Sequentia, Inc.Court of Appeals for the Eighth Circuit · 1995
- Frederick A. Hurley and Christine A. Hurley v. Motor Coach Industries, IncorporatedCourt of Appeals for the Seventh Circuit · 2000
108 more not listed; retrieve them via the Exa API.