Pemiscot-Dunklin Electric Coop. v. Jacobson

Full title: PEMISCOT-DUNKLIN ELECTRIC COOP., Plaintiff, v. MICHAEL A. JACOBSON and…

Court: United States District Court, E.D. Missouri, Southeastern Division

Date published: Aug 18, 2006

Facts

In its Motion to Remand, the plaintiff argues that because its action arises under Missouri’s workers’ compensation laws, it may not be removed to federal district court, under 28 U.S.C. § 1445(c). The plaintiff contends that Missouri workers’ compensation law specifically grants a subrogation right to employers to recover damages from third parties for workers’ compensation benefits paid to employees as a result of the liability of the third party. The plaintiff claims that where a plaintiff’s workers’ compensation subrogation claim is provided for by state statute, it arises under the state’s workers’ compensation law. Thus, the plaintiff argues that its cause of action is a nonremovable action under 28 U.S.C. § 1445 and should be remanded to state court.

Issue

Decision

IT hereby granted the plaintiff’s Motion to Remand (Doc. No. 8). IT IS FURTHER ordered that the instant cause of action is remanded to the Circuit Court of Pemiscot County, Missouri, for further proceedings.

It is further ordered that the Clerk of Court for the Eastern District of Missouri provide the Clerk of Court for the Circuit Court of Pemiscot County, Missouri, with a certified copy of this order. 

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