McDowell v. Perkinelmer Las, Inc.

RULING

POLOZOLA, Chief Judge.

This matter is before the Court on James F. McDowell’s motion to remand. 1 PerkinElmer LAS, Inc. (“PerkinElmer”) has filed an opposition to plaintiffs motion. 2 The Court heard oral argument on the motion on April 28, 2005. After considering the arguments of counsel and conducting independent research on the issue, the Court feels compelled by Fifth Circuit precedent to deny the motion to remand despite the very persuasive language in the two district court cases relied on by the plaintiff. 3

I. Procedural Background

James McDowell filed this suit in the 19th…