Patin v. Allied Signal, Inc.

WIENER, Circuit Judge:

We render this opinion not only to decide the case before us, but also to resolve an intra-circuit conflict on an important and recurring issue implicating removal from and remand to state court. For the reasons set *3forth below, we hold that a covered employee’s claims and the claims of those asserting rights through the employee against the employer’s workers’ compensation insurance carrier for breach of the duty of good faith and fair dealing are not immunized against removal to federal court by the provisions of 28 U.S.C. § 1445(c). We conclude that such a claim is…