Legal Opinion · Dissent
Walter Spearman v. Exxon Coal Usa, Inc.
Court of Appeals for the Seventh Circuit
Decided February 11, 1994No. 92-3837Published
1DissentIlana Diamond Rovner, Circuit Judge
The majority today upholds a jury verdict that I too find eminently reasonable. That verdict easily withstands the substantive attacks Walter Spearman lodges here, and the court is therefore understandably loathe to disturb it. In my view, however, we should vacate the jury’s verdict and remand the case to state court because Spearman’s suit arises under the workmen’s compensation laws of the State of Illinois and 28 U.S.C. § 1445(c) therefore prohibited its removal to federal court.
Spearman originally filed this retaliatory discharge action in the Circuit Court of Clinton County, Illinois,…
2Cases cited33 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
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