Legal Opinion
Patient Care, Inc. v. Freeman
District Court, D. New Jersey
Decided January 31, 1991No. Civ. 89-4592PublishedCited by 17 opinions
1Opinion of the Court
OPINION
DEBEVOISE, District Judge.
This matter comes before the Court on the third-party defendant’s motion for summary judgment. The defendants/third-party plaintiffs, however, have raised a substantial objection to this Court’s jurisdiction to hear this case. I have concluded, after careful consideration, that while a third-party defendant is not precluded from removing the claim against it to federal court, in this case removal was improper because the third-party claim for indemnification is not “separate and independent” from the main cause of action against the defendants. Therefore, this…
2Cases cited34 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
29 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Home Depot U. S. A., Inc. v. JacksonSupreme Court of the United States · 2019
- In re Shell Oil Co.Court of Appeals for the Fifth Circuit · 1991
- Moore v. DeBiaseDistrict Court, D. New Jersey · 1991
- Monmouth-Ocean Collection Service, Inc. v. KlorDistrict Court, D. New Jersey · 1999
- Jefferson Parish Hospital District 2 v. HarveyDistrict Court, E.D. Louisiana · 1992
12 more not listed; retrieve them via the Exa API.