Legal Opinion

Motion Control Corporation v. Sick, Inc.

Court of Appeals for the Eighth Circuit

Decided February 4, 2004No. 03-2379PublishedCited by 30 opinions

1Opinion of the Court

LAY, Circuit Judge.

Motion Control Corporation (“MCC”) appeals the district court’s decision allowing removal of MCC’s Minnesota state law claim. The district court based its removal decision on the grounds that the claim was “factually interdependent” with, and therefore “ancillary” to, a case already pending before the federal district court. We hold that 28 U.S.C. § 1441 does not allow removal under these circumstances, and therefore vacate the district court’s decision with directions to the district court to remand the case to the Minnesota state court.

I. BACKGROUND

MCC, a Michigan…

2Cases cited10 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
  3. Syngenta Crop Protection, Inc. v. HensonSupreme Court of the United States · 2002
  4. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  5. Irene Hurt v. Dow Chemical Company Rose Exterminator CompanyCourt of Appeals for the Eighth Circuit · 1992

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3Cited by30 opinions

  1. Pet Quarters, Inc. v. Depository Trust & Clearing Corp.Court of Appeals for the Eighth Circuit · 2009
  2. Energy Management Services, LLC v. City of AlexandriaCourt of Appeals for the Fifth Circuit · 2014
  3. Halmekangas v. State Farm Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 2010
  4. Baker v. Martin Marietta Materials, Inc.Court of Appeals for the Eighth Circuit · 2014
  5. Myers v. Richland CountyCourt of Appeals for the Eighth Circuit · 2005

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

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