Sbrusch v. Dow Chemical Co.
District Court, S.D. Texas
1Opinion of the Court
ORDER GRANTING PLAINTIFF’S MOTION TO REMAND
KENT, District Judge.
Plaintiff brings suit for the death of her husband, who died allegedly as a result of benzene exposure while working for Defendant. Now before the Court is Plaintiffs Motion to Remand. For the reasons stated below, Plaintiffs Motion is GRANTED.
I. ANALYSIS
Defendant removed the case to this Court on the basis of diversity jurisdiction. Plaintiff does not contest diversity, but rather moves to remand on the basis of 28 U.S.C. § 1445(c) which provides: “A civil action in any State court arising under the workmen’s compensation laws…
2Cases cited14 opinions
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- Duhart v. StateTexas Supreme Court · 1980
- Marmon v. Mustang Aviation, Inc.Texas Supreme Court · 1968
- Wright v. Gifford-Hill & Co., Inc.Texas Supreme Court · 1987
- David E. Tillman v. Csx Transportation, Inc. & Marler L. BennettCourt of Appeals for the Fifth Circuit · 1991
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3Cited by4 opinions
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- City of Dallas v. Gatlin, Texas Court of Appeals, 5th District (Dallas)2010
- Del Carmen Esparza v. JozwiakDistrict Court, E.D. Texas · 2005
- Lemery v. Ford Motor Co.District Court, S.D. Texas · 2002