Legal Opinion

Virden v. Altria Group, Inc.

District Court, N.D. West Virginia

Decided January 30, 2004No. CIV.A.5:03 CV 61PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER OF REMAND

KEELEY, Chief Judge.

I

PROCEDURAL BACKGROUND

On March 28, 2003, plaintiff Donald Vir-den (“Virden”) filed this action in the Circuit Court of Hancock County, West Virginia, seeking relief on behalf of himself and “all others similarly situated.” The first defendant to be served in the state court action received its copy of the complaint on April 3, 2003. Both defendants then removed this action to this Court on May 2, 2003. On June 3, 2003, Virden filed a motion to remand this action to state court. The Court has heard oral argument and, for the reasons…

2Cases cited41 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  4. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  5. Snyder v. HarrisSupreme Court of the United States · 1969

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3Cited by28 opinions

  1. California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
  2. Alsup v. 3-Day Blinds, Inc.District Court, S.D. Illinois · 2006
  3. Marrone v. Philip Morris USA, Inc.Ohio Supreme Court · 2006
  4. Paldrmic v. Altria Corporate Services, Inc.District Court, E.D. Wisconsin · 2004
  5. Watson v. Philip Morris Companies, Inc.Court of Appeals for the Eighth Circuit · 2005

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