Armistead v. C & M Transp., Inc., 49 F.3d 43 (1st Cir. 1995). · Go Syfert
Armistead v. C & M Transp., Inc., 49 F.3d 43 (1st Cir. 1995). Cases Citing This Book View Copy Cite
62 citation events (38 in the last 25 years) across 21 distinct courts.
Strongest positive: Czymmek v. Fenstermaker (nysd, 2024-01-23)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Czymmek v. Fenstermaker
S.D.N.Y. · 2024 · quote attribution · 1 verbatim quote · confidence high
he supplementary superior court proceeding does not independently qualify as a removable 'civil action' under 28 u.s.c. 1441 (a).
discussed Cited as authority (verbatim quote) Meridith Kirkpatrick Susan Kirkpatrick v. Lenoir County Board of Education Doug James, Doctor, Superintendent of the Lenoir County Schools, in His Official Capacity J. Oliver Smith, Chairman of the Lenoir County Board of Education, in His Official Capacity Larry Jenkins, Director of Exceptional Children's Program, Individually and in His Official Capacity
4th Cir. · 2000 · quote attribution · 1 verbatim quote · confidence high
as courts of original jurisdiction, federal district courts sitting in diversity jurisdiction do not have appellate power.
examined Cited as authority (verbatim quote) City of Chicago v. International College of Surgeons (2×)
SCOTUS · 1997 · quote attribution · 2 verbatim quotes · confidence high
as courts of original jurisdiction, federal district courts sitting in diversity jurisdiction do not have appellate power, nor the right to exercise supplementary equitable control over original proceedings in the state's administrative tribunals.
discussed Cited as authority (rule) Application of financialright claims GmbH v.
3rd Cir. · 2025 · confidence medium
Instead, courts have traditionally assumed that (barring contrary evidence) Congress intended the term to cover only proceedings that are both sufficiently formal and sufficiently independent from any related litigation. 7 Likewise, courts have long expressed hesitancy before applying that term to requests for purely discretionary judicial intervention. 8 This reflects the reality that the 7 See First Nat’l Bank v. Turnbull & Co., 83 U.S. 190 , 194–95 (1872) (questioning, where an enforcement action did not require process, pleas, or written response, whether “so informal a proceeding”…
discussed Cited as authority (rule) Atlantic Wave Holdings, LLC v. Cyberlux Corporation
S.D. Cal. · 2025 · confidence medium
Thus, a “supplementary . . . court 9 proceeding does not independently qualify as a removable ‘civil action’ under 28 U.S.C. 10 § 1441(a).” Id. (quoting Armistead v. C & M Transp., 49 F.3d 43, 46 (1st Cir. 1995)); Han 11 v. Gen.
cited Cited as authority (rule) Bravia Capital Hong Kong Limited v. SL Green Realty Corporation
S.D.N.Y. · 2025 · confidence medium
Cas. v. Good, 689 F.3d 714, 724 (7th Cir. 2012) (quoting Armistead v. C & M Transp., Inc., 49 F.3d 43, 46 (1st Cir. 1995)); Jackson-Platts v. Gen.
discussed Cited as authority (rule) (PS) DeMartini v. DeMartini (2×)
E.D. Cal. · 2024 · confidence medium
Transp., 49 F.3d 43, 46 (1st Cir. 1995) (citing Barrow, 99 U.S. at 82 ). 8 A supplemental or ancillary proceeding is one that is “substantially a continuation” of a 9 prior suit.
discussed Cited as authority (rule) Rhode Island Truck Ctr v. Daimler Trucks North America
1st Cir. · 2024 · confidence medium
Armistead further explained that the "limited supplementary and appellate authority exercised by the Maine courts over Commission proceedings finds no analog in federal diversity jurisdiction," id., and that the requested appellate enforcement of state agency action was not "a civil action within the cognizance of the original jurisdiction of the federal court," id. at 48 (emphasis added) (quoting 1A James Wm.
discussed Cited as authority (rule) Jimenez v. Kiefer
N.D. Ill. · 2022 · confidence medium
This is a “prudential doctrine [that] seeks to avoid the waste of having federal courts entertain ‘satellite elements’ of pending state suits and judgments.” Id. at 724 (quoting Armistead v. C & M Transp., Inc., 49 F.3d 43, 46 (1st Cir.1995)) (cleaned up).1 Although “[t]here is no bright-line formula for separating supplemental and independent proceedings for removal purposes,” Rizvi v. Allstate Corp., 833 F.3d 724, 727 (7th Cir. 2016), in general, “where the supplemental proceeding is not merely a mode of execution or relief, but where it, in fact, involves an independent contro…
examined Cited as authority (rule) Deaton v. Johnson (3×) also: Cited "see"
D.R.I. · 2020 · confidence medium
Focusing first on Deaton’s arguable waiver, and mindful that “the federal bar to entertaining satellite elements of pending state suits and judgments clearly remains intact as the sensible judicial rule[,]” the Court sua sponte questioned whether the matter removed amounts to a § 1441(a) “civil action.” Armistead, 49 F.3d at 46 (internal quotation marks omitted).
discussed Cited as authority (rule) Rawls v. Hartford Accident & Indemnity Company
D. Maryland · 2020 · confidence medium
In addition to sparing the federal courts’ docket from such suits, “the statute teflects a congtessional concern for the states’ interest in administering their own workers’ compensation schemes.” Armistead v. C&M Transport, Inc., 49 F.3d 43, 46 (1st Cir. 1995).
discussed Cited as authority (rule) Wesson v. Town of Salisbury
D. Mass. · 2014 · confidence medium
"As courts of original jurisdiction, federal district courts sitting in diversity jurisdiction do not have appellate power, nor the right to exercise supplementary equitable control over original proceedings in the state’s administrative tribunals." Armistead v. C & M Transport, Inc., 49 F.3d 43, 47 (1st Cir.1995).
discussed Cited as authority (rule) Plouffe v. Town of Dighton
D. Mass. · 2013 · confidence medium
"As courts of original jurisdiction, federal district courts sitting in diversity jurisdiction do not have appellate power, nor the right to exercise supplementary equitable control over original proceedings in the state's administrative tribunals.” Armistead v. C & M Transport, Inc., 49 F.3d 43, 47 (1st Cir.1995).
discussed Cited as authority (rule) Cathy Jackson-Platts v. General Electric Capital Corporation
11th Cir. · 2013 · confidence medium
Cas. v. Good, 689 F.3d 714, 724 (7th Cir.2012) (“The statute has long been interpreted to allow removal only of ‘independent suits’ but not ancillary or ‘supplementary’ proceedings.”); Ohio v. Doe, 433 F.3d 502, 506 (6th Cir.2006) (“ ‘[C]ivil action’ has long been interpreted to require a separate suit that is not ancillary, incidental, or auxiliary to a suit in state court.”); Armistead v. C & M Transp., Inc., 49 F.3d 43, 46 (1st Cir.1995) (“[T]he supplementary superior court proceeding does not independently qualify as a removable ‘civil action’ .... ”).
discussed Cited as authority (rule) Travelers Property Casualty v. Good
7th Cir. · 2012 · confidence medium
This prudential doctrine seeks to avoid the waste of having federal courts “entertain[] ‘satellite elements’ of pending state suits and judgments.” Armistead v. C & M Transp., Inc., 49 F.3d 43, 46 (1st Cir.1995), quoting 14A Wright & Miller § 3721.
cited Cited as authority (rule) Estate of Jackson v. Ventas Realty, Ltd. Partnership
M.D. Fla. · 2011 · confidence medium
Armistead v. C & M Transport, Inc., 49 F.3d 43, 46 (1st Cir.1995) (citations and quotation omitted).
discussed Cited as authority (rule) Cincinnati Indemnity Co. v. A & K Construction Co.
8th Cir. · 2008 · confidence medium
Co., 849 F.2d 525 (11th Cir. 1988) (affirming district court’s dismissal of case based on lack of subject matter jurisdiction because Florida’s Workers’ Compensation Act provided exclusive remedy); Stuart v. Colo. Interstate Gas Co., 271 F.3d 1221, 1224-25 (10th Cir. 2001); Armistead v. C & M Transp., Inc., 49 F.3d 43, 47 (1st Cir. 1995), overruled on other grounds by City of Chicago v. Int’l Coll. of Surgeons, 522 U.S. 156, 162, 178 (1997); Evans v. B.F.
discussed Cited as authority (rule) Cincinnati Indemnity Co. v. a & K Construction Co.
8th Cir. · 2008 · confidence medium
Co., 849 F.2d 525 (11th Cir.1988) (affirming district court’s dismissal of case based on lack of subject matter jurisdiction because Florida’s Workers’ Compensation Act provided exclusive remedy); Stuart v. Colo. Interstate Gas Co., 271 F.3d 1221, 1224-25 (10th Cir.2001); Armistead v. C & M Transp., Inc., 49 F.3d 43, 47 (1st Cir.1995), overruled on other grounds by City of Chicago v. Int’l Coll. of Surgeons, 522 U.S. 156, 162, 178 , 118 S.Ct. 523 , 139 L.Ed.2d 525 (1997); Evans v. B.F.
discussed Cited as authority (rule) Spellman v. United Parcel Service, Inc.
D. Me. · 2008 · confidence medium
Although the First Circuit has not spoken definitively on this issue, see Armistead v. C & M Transport, Inc., 49 F.3d 43, 47 (1st Cir.1995), the weight of authority treats non-compliance with § 1445(c) as a procedural defect, not a question of subject matter jurisdiction.
discussed Cited as authority (rule) No. 01-55326
9th Cir. · 2002 · confidence medium
First, "[t]he statute reflects a congressional concern for the states' interest in administering their own workers' compensation schemes." Armistead v. C & M Transport, Inc., 49 F.3d 43, 46 (1st Cir.1995).
discussed Cited as authority (rule) Vasquez v. North County Transit District
9th Cir. · 2002 · confidence medium
First, "[t]he statute reflects a congressional concern for the states' interest in administering their own workers’ compensation schemes.” Armistead v. C & M Transport, Inc., 49 F.3d 43, 46 (1st Cir.1995).
discussed Cited as authority (rule) Kirkpatrick v. Lenoir County Board of Education
4th Cir. · 2000 · confidence medium
R.R. v. Stude, 346 U.S. 574, 581 , 74 S.Ct. 290 , 98 L.Ed. 317 (1954)); see Shamrock Motors, Inc. v. Ford Motor Co., 120 F.3d 196, 200 (9th Cir.1997) (“[t]he prospect of a federal court sitting as an appellate court over state administrative pro *387 ceedings is rather jarring and should not be quickly embraced as a matter of policy.”); Armistead v. C & M Trans., Inc., 49 F.3d 43, 47 (1st Cir.1995) (“As courts of original jurisdiction, federal district courts sitting in diversity jurisdiction do not have appellate power.”); Hameetman v. City of Chicago, 776 F.2d 636, 640 (7th Cir.1985)…
discussed Cited as authority (rule) Sweeney v. Housing Authority of Chester County (In re Sweeney)
Bankr. E.D. Pa. · 1997 · confidence medium
Accord, International College of Surgeons v. City of Chicago, 91 F.3d 981, 988-89 (7th Cir.1996), cert. granted, -U.S.-, 117 S.Ct. 1424 , 137 L.Ed.2d 534 (1997); Armistead v. C & M Transport, Inc. 49 F.3d 43, 47 (1st Cir.1995); and Fairfax County Redevelopment & Housing Authority v. W.M.
discussed Cited as authority (rule) Hanna v. Fleetguard, Inc.
N.D. Iowa · 1995 · confidence medium
Consequently, Congress enacted this statute to reflect its concern for the “states’ interest in administering their own workers’ compensation schemes, the burdens on injured claimants of maintaining a federal court suit, and the incidence of federal court congestion.” Armistead v. C & M Transport, 49 F.3d 43, 46 (1st Cir.1995) (citing Horton v. Liberty Mut.
cited Cited as authority (rule) Satinder S. Rekhi v. Wildwood Industries, Incorporated
7th Cir. · 1995 · confidence medium
Armistead v. C & M Transport, Inc., 49 F.3d 43, 47-48 (1st Cir.1995)—that would violate the Rooker-Feldman doctrine.) If that route is not open, the alternative may be, as implied in Miller v. J.M.
cited Cited "see" Saninocencio v. Welch
D. Mass. · 2022 · signal: see · confidence high
See Armistead v. C&M Transp., Inc., 49 F.3d 43, 47 (1st Cir. 1995).
discussed Cited "see" Rando v. Leonard
1st Cir. · 2016 · signal: see · confidence high
See Armistead v. C & M Transp., Inc., 49 F.3d 43 , 45 n. 2 (1st Cir. 1995) (deeming waived an “argument [that] was not fully developed below”); United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990) (“[I]ssues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.”). 6 Although Rando’s arguments regarding whether Leonard acted with actual malice are properly preserved, we find that Rando produces no evidence suggesting that Leonard acted with actual malice and without a legitimate corporate purpose.
discussed Cited "see" Huffmire v. Town of Boothbay (2×)
D. Me. · 1999 · signal: see · confidence high
See Armistead, 49 F.3d at 47 .
cited Cited "see" Lydon v. Boston Sand & Gravel Co.
D. Mass. · 1998 · signal: see · confidence high
See generally Armistead v. C & M Transport, Inc., 49 F.3d 43, 46-47 (1st Cir.1995).
discussed Cited "see, e.g." In Re: Jeffrey B. Clark
D.D.C. · 2023 · signal: see also · confidence low
Courts have found this doctrine, historically developed with respect to the general removal statute, “applicable in the § 1442 context.” Ohio v. Doe, 433 F.3d 502, 506 (6th Cir. 2006); see also Armistead v. C&M Transport, 49 F.3d 43 , 45–46 (1st Cir. 1995); Wuxi Taihu Tractor Co. v. York Grp., 460 Fed.
discussed Cited "see, e.g." United States v. Rodrigues
1st Cir. · 2017 · signal: see also · confidence low
See United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990); see also Rando v. Leonard, 826 F.3d 553, 557 (1st Cir. 2016) (finding an appellant’s argument waived when at the district court she raised the argument in a single sentence in her opposition brief and then on appeal raised the argument in a footnote of her appellate brief) (citing Armistead v. C & M Transp., Inc., 49 F.3d 43 , 45 n.2 (1st Cir. 1995)). 6 Conclusion For the foregoing reasons, we affirm the district court’s denial of Rodrigues’s motion to suppress and its denial of his request for a hearing. 1 .
cited Cited "see, e.g." Fischer v. Hartford Life Insurance
N.D. Ill. · 2007 · signal: see also · confidence medium
Corp. v. Quinn, 419 F.2d 1014, 1018 (7th Cir.1969); see also Armistead v. C & M Transport, Inc., 49 F.3d 43, 46 (1st Cir.1995) (same); Eclipse Mfg.
Retrieving the full opinion text from the archive…
Clyde ARMISTEAD, Plaintiff, Appellant,
v.
C & M TRANSPORT, INC., Et Al., Defendants, Appellees
94-1525.
Court of Appeals for the First Circuit.
Mar 13, 1995.
49 F.3d 43
Clyde Armistead, pro se., John H. Montgomery, Diane S. Lukac, Mary Elizabeth Fougere, and Bernstein, Shur, Sawyer & Nelson, Portland, ME, on brief, for appellee, Travelers Ins. Co.
Selya, Campbell, Boudin.
Cited by 40 opinions  |  Published
SELYA, Circuit Judge.

Defendant-appellee Travelers Insurance Company (“Travelers”) removed this action to the federal district court despite the provision in 28 U.S.C. § 1445(e) forbidding removal of cases arising under state workers’ compensation laws. ' Plaintiff-appellant Clyde Ar-mistead unsuccessfully resisted the removal on jurisdictional grounds, but overlooked the bar of section 1445(c). The district court granted summary judgment in Travelers’ favor. On appeal, Armistead for the first time invokes section 1445(c). We hold that the district court lacked subject matter jurisdic[*45] tion in this ease. Accordingly, we vacate the judgment below and direct that the case be remanded to state court.

I

Armistead, a citizen and resident of Maine, worked as a truck driver for C -& M Transport, Inc. (“C & M”), a Maine corporation. He was injured on May 7,1987, while driving a C & M truck in Maryland. Appellee Travelers, a Connecticut corporation, was at one time C &.M’s workers’ compensation insurer.

Armistead filed a petition for benefits under the Maine Workers’ Compensation Act, 39 M.R.S.A §§ 1-195 (repealed), [1] in October, 1987. The Workers’ Compensation Commission issued a benefits award in February, 1988 (after C & M defaulted), but no compensation payments were made. The Commission’s award indicates “no record of insurance,” and as for C & M, it filed for Chapter 7 protection, was adjudicated bankrupt, and ceased doing business. According to the record before us, Travelers had notified the Commission that it had canceled C & M’s coverage for nonpayment of premiums, effective some three weeks before the date of .injury.

In July of 1992, Armistead resumed his quest for benefits by seeking a Commission determination that Travelers was liable on the award because it had failed to send a prior notice of the cancellation to C & M, as required by state law. See 39 M.R.S.A. § 23(1) (1987) (repealed); see also 39-A M.R.S.A. § 403(1) (1992). After informal proceedings failed to resolve the claim, Armi-stead filed a formal motion for enforcement of the award. Travelers denied liability and cross-moved for a review of Armistead’s alleged disability. The statute contemplates an evidentiary hearing before a Commissioner on such motions, subject to appellate review in the Commission and a discretionary appeal to Maine’s highest court. See 39 M.R.S.A. §§ 94-B, 98-99,103-A, 103-B, 103-C.

While these motions were pending before the Commission, Armistead also filed, a complaint in the state superior court for enforcement of the Commission’s original award. The complaint alleged a right to relief by virtue of the superior court’s equitable power to enforce Commission orders under the Workers’ Compensation Act, 39 M.R.S.A. § 103-E. Count 1 sought enforcement of the award against C & M; count 2 sought a declaration that Travelers afforded coverage to C & M under the Act on the date of injury, and also sought enforcement of the Commission’s award against Travelers .and C & M jointly.

Travelers promptly removed the action to federal district court, claiming diversity of citizenship between Travelers and Armi-stead, and describing the action as one for “breach of contract.” Seven months later, Armistead moved for a remand to the state court, arguing that'C & M’s Maine citizenship destroyed complete diversity between the parties. But there was a rub; C & M had not been served with process, and its very existence was dubious. [2] The district judge dismissed the claim against C & M and, applying the holding of White v. United States Fidelity & Guar. Co., 356 F.2d 746 (1st Cir.1966), rejected Armistead’s alternative argument" that Travelers should, be deemed to have the same citizenship as its insured under 28 U.S.C. § 1332(c)(1). The court thereafter addressed the parties’ cross-motions for summary judgment and decided[*46] the merits in favor of Travelers. This appeal ensued.

On appeal, Armistead ádds for the first time the argument that the removal violated 28 U.S.C. § 1445(c). Travelers urges that section 1445(c) is inapplicable because Armi-stead’s suit does not “arise under” Maine’s workers’ compensation law, and, alternatively, that Armistead waived the argument.

II

Section 1445(c) renders nonremovable suits “arising under” the workers’ compensation laws of the state in which the federal court sits. The statute reflects a congressional concern for the states’ interest in administering their own workers’ compensation schemes, the burdens on injured claimants of maintaining a federal court suit, and the incidence of federal court congestion. See generally Horton v. Liberty Mut. Ins. Co., 367 U.S. 348, 350, 81 S.Ct. 1570, 1571-72, 6 L.Ed.2d 890 (1961) (explaining purpose of limitation on removal); 14A Charles A. Wright et al., Federal Practice & Procedure § 3729 (2d ed. Supp.1994) (listing cases).

Travelers does not directly assert a right to remove the proceedings pending before the Commission, but focuses solely on the subsequent superior court complaint. While the complaint was a separate filing, however, it did not comprise independent litigation based on a separate common law right to relief. Rather, the complaint sought statutory compensation under a provision of the workers’ compensation law vesting in the superior court equitable powers to enforce Commission orders and to issue pro forma decisions enforcing Commission benefit awards. [3] As an integral part of the administrative enforcement scheme, the superior court action was merely supplementary to the Commission proceeding, and both proceedings obviously arose under the workers’ compensation law within the meaning of 28 U.S.C. § 1445(c). Cf. Spearman v. Exxon Coal USA, 16 F.3d 722, 725 (7th Cir.) (holding that a claim did not arise under a workers’ compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme), cert. denied, — U.S. —, 115 S.Ct. 377, 130 L.Ed.2d 328 (1994).

Removal of the case thus was doubly barred, once under section 1445(e), and again because the supplementary superior court proceeding does not independently qualify as a removable “civil action” under 28 U.S.C. § 1441(a). See Barrow v. Hunton, 99 U.S. 80, 82, 25 L.Ed. 407 (1879) (explaining that a .supplementary action so connected with an original action as to form a mere incident or continuation of it is not removable as a separate suit); Bank v. Turnbull & Co., 83 U.S. (16 Wall.) 190, 193, 21 L.Ed. 296 (1873) (same); Federal Savings & Loan Ins. Corp. v. Quinn, 419 F.2d 1014, 1018 (7th Cir.1969) (same, but making claim that federal standards determine independence of action); Overman v. Overman, 412 F.Supp. 411, 412 (E.D.Tenn.1976) (same, discussing possible Erie concerns). Recent cases in which parties attempt to remove state supplementary proceedings are scarce, but the fedéral bar to entertaining “satellite elements” of pending state suits and judgments clearly remains intact as the “sensible” judicial rule. 14A Wright et al., supra, § 3721 (Supp.1994); see also 1A James Wm. Moore et al., Moore’s Federal Practice ¶ 0.157[4—11] (2d ed. Supp. 1994) (distinguishing the principle from the “independent” claim concept embodied in 28 U.S.C. § 1441(c)).

Ill

Under 28 U.S.C. § 1447(c), a motion challenging subject matter jurisdiction may .be[*47] made at any time, but objections based on a “defect in removal procedure” must be made within thirty days of the removal. Travelers argues that Armistead waived any objection to the lack of removal jurisdiction by failing to move for a remand within this period.

In Williams v. AC Spark Plugs Div. of Gen. Motors Corp., 985 F.2d 783 (5th Cir.1993) the Fifth Circuit decided that removal of a Texas workers’ compensation case in violation of section 1445(c) should be treated as the embodiment of a procedural defect and, thus, subject to section 1447(e)’s thirty day waiver rule. The court interpreted section 1447(c) as meaning that any wrongful removal is subject to waiver so long as the district court would have had original subject matter jurisdiction had the plaintiff initiated the action in federal court. Id. at 787. Since the plaintiff in Williams could have chosen to bring her Texas claim as an original diversity action, the court held that she waived her objection to federal court jurisdiction by waiting more than thirty days to seek a remand. Id. at 788.

The Eighth Circuit, however, has taken the view that where Congress expressly restricts removal jurisdiction over a particular class of cases, wrongful removal should not be treated as a “mere procedural irregularity” waivable by the parties, but as a violation of the court’s limited subject matter jurisdiction.

The fact that [plaintiff] could have invoked the original jurisdiction of the federal court initially is irrelevant.... The jurisdiction of the lower federal courts, both original and removal is entirely a creature of stat-ute_ If one of the statutory requirements is not. met, the district court has no jurisdiction.

Hurt v. Dow Ch em. Co., 963 F.2d 1142, 1145 (8th Cir.1992) (determining that a failure to object to lack of removal jurisdiction under § 1441(b) did not operate as a waiver).

We need not choose between these contradictory views because in this case there was neither removal jurisdiction nor original diversity jurisdiction. Unlike the Texas statute at issue in Williams, Maine’s compensation scheme does not permit a ,de novo state court action for workers’ compensation benefits. See Dorey v. Forster Mfg. Co., 591 A.2d 240, 241 (Me.1991). By reason of the policies expressed in Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), the state’s rule barring suitors from bringing such an action de novo in its own courts must be applied to bar an original diversity action in the forum’s federal courts. See Feinstein v. Massachusetts Gen. Hosp., 643 F.2d 880, 888 (1st Cir.1981) (stating that Erie policies requiring adherence to state door-closing statutes likewise require a federal court to apply state-created administrative limitations on rights to recovery) (citing Woods v. Interstate Realty Co., 337 U.S. 535, 69 S.Ct. 1235, 93 L.Ed. 1524 (1949)); Construction Aggregates Corp. v. Rivera de Vicenty, 573 F.2d 86, 96 (1st Cir.1978) (holding that if Puerto Rico does not give its own courts jurisdiction over a claim collaterally attacking workers’ compensation rates for locally hired workers, a federal court cannot exercise diversity jurisdiction over the claim); accord Dial v. Hartford Accident & Indem. Co., 863 F.2d 15 (5th Cir.1989) (examining Mississippi workers’ compensation law); Trapp v. Goetz, 373 F.2d 380 (10th Cir.1966) (examining state pension law); Shultz v. Lion Oil Co., 106 F.Supp. 119 (D.Ark.1952) (examining Arkansas workers’ compensation law), appeal dismissed, 202 F.2d 752 (8th Cir.1953).

Moreover, the limited supplementary and appellate authority exercised by the Maine courts over Commission proceedings finds no analog in federal diversity jurisdiction. As courts of original jurisdiction, federal district courts sitting in diversity jurisdiction do not have appellate power, nor the right, to exercise supplementary equitable control over original proceedings in the state’s administrative tribunals. See Rooker v. Fidelity Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923) (noting that the jurisdiction possessed by federal district courts is “strictly original”); Barrow v. Hunton, 99 U.S. 80, 82, 25 L.Ed. 407 (1879) (explaining that federal courts may not exercise control over state proceedings by entertaining supplementary actions which are but incidents of state suits); MacKay v. Pfeil, 827 F.2d 540, 545 (9th Cir.1987) (hold[*48] ing that a request for declaratory relief that does not state a new ease arising upon new facts, but in reality seeks review and correction of a state court judgment is not within federal court’s original jurisdiction); cf. 1A Moore’s Federal Practice, supra, ¶ 0.167[6] (Supp.1994) (where state courts have only appellate, quasi-administrative review over the claim, the^ proceeding “is not a civil action within the cognizance of the original jurisdiction of the federal court”). [4]

We need go no further. In the absence of federal subject matter jurisdiction, we cannot proceed to the merits of this appeal, and the case must be remanded to the state court. See Halleran v. Hoffman, 966 F.2d 45, 47-48 (1st Cir.1992).

Accordingly, the judgment is vacated and this case is remanded to the district court which shall immediately remand the action to the state court. All parties shall bear their own costs.

1

. The legislature retrofitted the Act with neoteric provisions which took effect on January 1, 1993. See 39-A M.R.S.A. §§ 101-409. The new law alters benefits and replaces the Workers’ Compensation Commission with an administrative board. See 39-A M.R.S.A. §§ 151, 152. Transitional provisions preserve benefits under the former law for 'injuries sustained before January 1, 1993, and continue the Commission’s authority overpending claims for a limited period. See generally Clark v. International Paper Co., 638 A.2d 65 (Me.1994). In all procedural respects relevant here, the current law is parallel to the former law. The transitional provisions and other changes do not affect our analysis.

2

. Armistead renews here the claim that C & M retains its corporate existence under Maine's corporation laws, and is a “necessary” party to this suit. The argument was not fully developed below, and we deem it waived. See Ryan v. Royal Ins. Co., 916 F.2d 731, 734 (1st Cir.1990). At any rate, Aimistead still has not explained his failure to serve process on C & M.

3

. Commission orders are enforceable only by petition to the superior court, which may issue “any suitable process” in aid of Commission proceedings. See 39 M.R.S.A. §§ 93; 103-E. The Commission itself has no general equity powers. See Clark v. International Paper Co., 638 A.2d at 66. Benefit awards and Commission decisions become enforceable on presentation of a certified copy to the superior court, which "shall render a pro forma decision in accordance therewith.” 39 M.R.S.A. § 103-E. The Commission’s decisions thus acquire the same force as if rendered by the superior court. See 39 M.R.S.A. § 103-E. Moreover, an award may be confirmed by the superior court even if it remains subject to post-order administrative proceedings or a pending appeal. See Cilley v. Georgia-Pac. Corp., 519 A.2d 191, 192 (Me.1986); see also 39 M.R.S.A. § 104-A.

4

. Any claim in this case not covered by the foregoing principles would be subject to dismissal under the related doctrine of Burford-type abstention. The state has signalled its interest in regulatory coherency by concentrating all claims in an exclusive administrative process, and parallel federal suits could "in a very real sense ... disrupt the regulatory scheme.” Allstate Ins. Co. v. Sabbagh, 603 F.2d 228, 233 (1st Cir.1979); see also Bath Memorial Hosp. v. Maine Health Care Fin. Com., 853 F.2d 1007, 1013 (1st Cir.1988) (holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal ‘regulatory review’ mechanism, complicating state administration); Construction Aggregates Corp., 573 F.2d at 91-93, 96 (applying principles of Burford-type abstention to various claims relating' to workers’ compensation law).