Hutton v. Consolidated Grain & Barge Co.

ORDER

SCOTT, District Judge.

This matter comes before the Court on plaintiff Robert Hutton’s Motion to Remand. The Complaint alleges a nonre-movable claim under the Jones Act, 46 App.U.S.C. § 688. Defendants, however, have submitted uncontroverted evidence demonstrating that Hutton would never be entitled to recover under the Jones Act. The Court will therefore disregard the Jones Act claim for purposes of determining removal jurisdiction. Hutton has also alleged a claim under the Longshoreman’s and Harbor Workers’ Compensation Act(LHWCA), 33 U.S.C. § 905(b), for the same injury. This Court has…