Legal Opinion

Gefen ex rel. Gefen v. Upjohn Co.

District Court, E.D. Pennsylvania

Decided May 2, 1995No. Civ. A. No. 95-CV-0098PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

JOYNER, District Judge.

Plaintiff has moved this Court to remand this action to the Court of Common Pleas of Philadelphia County, Pennsylvania on the ground that there is neither federal question nor diversity jurisdiction. 28 U.S.C. § 1447(c) directs a district court to remand an action to state court if it appears that there is no subject matter jurisdiction. A district court may remand an action on juris*124(fictional grounds any time before final judgment. Courts construe the removal statutes strictly, and any doubts are resolved in favor of remand. Steel Valley Auth. v. Union Switch…

2Cases cited12 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  3. Cole v. CunninghamSupreme Court of the United States · 1890
  4. Sadat v. MertesCourt of Appeals for the Seventh Circuit · 1980
  5. Matthew Burda v. M. Ecker CompanyCourt of Appeals for the Seventh Circuit · 1992

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3Cited by1 opinion

  1. Galu v. AttiasDistrict Court, S.D. New York · 1996

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