Legal Opinion

West Virginia Ex Rel. McGraw v. Parrish Automobile Training Co.

District Court, N.D. West Virginia

Decided May 3, 2001No. 2:01-cv-00027PublishedCited by 1 opinion

1Opinion of the Court

ORDER AND MEMORANDUM OPINION GRANTING MOTION TO REMAND

BROADWATER, District Judge.

The above styled matter is before the Court for consideration of the Plaintiff State of West Virginia’s Motion to Remand This Action to the Circuit Court of Taylor County. 1 The plaintiff seeks remand of this action because the complaint, as amended, does not contain any substantial disputed question of federal law that is a necessary element of any of the well-pleaded claims. Therefore, the plaintiff argues, there is no federal question jurisdiction under 28 U.S.C. § 1441(b). For the following reasons, the Court…

2Cases cited11 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Avco Corp. v. Aero Lodge No. 735, International Ass'n of MacHinists & Aerospace WorkersSupreme Court of the United States · 1968
  5. Kelly Jean Chris v. George J. Tenet, Director, Central Intelligence Agency, Kelly Jean Chris v. George J. Tenet, Director, Central Intelligence AgencyCourt of Appeals for the Fourth Circuit · 2000

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3Cited by1 opinion

  1. Carson v. H & R BLOCK, INC.District Court, S.D. Mississippi · 2003

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