National Shopmen Pension Fund v. Ally Financial Inc.

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO REMAND [46]

JUDITH E. LEVY, United States District Judge

One of the most straightforward principles in federal jurisprudence is that federal courts have original jurisdiction over cases arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1331. A defendant may remove a case filed in state court to federal district court if the federal court would have original jurisdiction over the case. 28 U.S.C. § 1441. But sadly, it is not quite that simple, as this case illustrates.

I. Background

This case is about a potential…