Notes of Decisions
Brendan Holbein v. Baxter Chrysler Jeep, Inc., 983 F.3d 1049 (8th Cir. 2020).
· cites it 4× “1915) (referring to the prohibition on removal now codified at 28 U.S.C. § 1445 (a)). It exists to “preserve the plaintiff’s choice of a (state) forum, under circumstances where it is arguably less urgent to provide a federal forum to prevent prejudice.”
Dean Humphrey v. Sequentia, Inc., 58 F.3d 1238 (8th Cir. 1995).
· cites it 7× “Defendant filed a motion to dismiss the appeal on grounds that the issue of whether removal was proper is now moot because plaintiff has since amended his complaint to include federal claims under the LMRA alleging violations of the collective bargaining agreement (CBA). For the…”
Roberts v. Beaulieu of Am., Inc., 950 F. Supp. 1509 (N.D. Ala. 1996).
· cites it 28× “1 Plaintiff moved to remand on November 13, 1995, contending that retaliatory discharge claims “arise under Alabama’s worker’s compensation laws” and, accordingly, are not removable to federal court pursuant to 28 U.S.C. § 1445 (c), which provides: (c) A civil action in any…”
Farrior v. Sodexho, U.S.A., 953 F. Supp. 1301 (N.D. Ala. 1997).
· cites it 30× “1 is a part of the Workers’ Compensation Act the court turns to 28 U.S.C. § 1445 (c), which follows, to see if the instant action was properly removed: A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any…”
Bartel ex rel. Est. of Bishop v. Alcoa S.S. Co., 64 F. Supp. 3d 843 (M.D. La. 2014).
· cites it 8× “Plaintiff asserts that removal is improper because (1) his Jones Act claims are non-removable pursuant to 28 U.S.C. § 1445 (a), (2) his general maritime law claims are non-removable pursuant to the “saving to suitors” clause of 28 U.”
Hanna v. Fleetguard, Inc., 900 F. Supp. 1110 (N.D. Iowa 1995).
· cites it 14× “This epitome of comity and sovereignty is 28 U.S.C. § 1445 (c), the statute prohibiting the removal of civil actions “arising under” the workers’ compensation laws.”
Hummel v. Kamehameha Schs./Bernice Pauahi Bishop Est., 749 F. Supp. 1023 (D. Haw. 1990).
· cites it 15× “Plaintiff argues that defendants improperly removed this action since 28 U.S.C. § 1445 (c) prohibits removal of actions arising under state workers’ compensation laws.”
Gomez v. O'Reilly Auto. Stores, Inc., 283 F. Supp. 3d 569 (W.D. Tex. 2017).
· cites it 5× “Plaintiff responded with the instant Motion on October 11, 2017, arguing that removal was improper pursuant to 28 U.S.C. § 1445 (c). Mot. ¶ 1, ECF No. 6.”
Husk v. EI Du Pont De Nemours & Co., 842 F. Supp. 895 (S.D.W. Va 1994).
· cites it 8× “The Plaintiff argues in his motion to remand that the case may not be removed to this court because removal is prohibited by 28 U.S.C. § 1445 (c) (1978), which states: "A civil action in any State court arising under the workmen's compensation laws of such State may not be…”
Walter Spearman v. Exxon Coal Usa, Inc., 16 F.3d 722 (7th Cir. 1994).
· cites it 4× “The potential obstacle is 28 U.S.C. § 1445 (c): “A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.”
Wilson v. Lowe's Home Ctr., Inc., 401 F. Supp. 2d 186 (D. Conn. 2005).
· cites it 6× “The first seeks an order remanding the action, in whole or in part, based on 28 U.S.C. § 1445 (c), which prohibits removal of a civil action arising under the forum state’s workers’ compensation laws.”
Am. Dredging Co. v. Miller, 510 U.S. 443 (1994).
· cites it 2× “See 28 U. S. C. § 1445 (a); 46 U. S. C. App. § 688(a); In re Dutile, 935 F.”
Vasquez v. North Cnty. Transit Dist., 292 F.3d 1049 (9th Cir. 2002).
· cites it 7× “28 U.S.C. § 1445 (c). The district court disagreed, ruling that the claim did not arise under the workers’ compensation law.”
Demay v. Norfolk S. Ry. Co., 592 F.3d 907 (8th Cir. 2010).
· cites it 5× “See 28 U.S.C. § 1445 (a) (“A civil action in any State court against a railroad .”
Vasquez v. Dillard's, Inc., 2016 OK 89 (Okla. 2016).
· cites it 2× “The court concludes that the OIEBA (sic) is part of Oklahoma's statutory scheme governing occupational injuries and workplace liability; in other words, the OIEBA (sic) is part of Oklahoma's statutory scheme governing workmen's compensation.”
Bearden v. PNS Stores, Inc., 894 F. Supp. 1418 (D. Nev. 1995).
· cites it 7× “This matter was submitted to the undersigned Magistrate Judge on Plaintiffs’ Motion For Remand Pursuant to 28 U.S.C. § 1445 (c). (# 23). 1 BACKGROUND Plaintiffs, Jack and Cindy Bearden (the Beardens), originally filed this action in the Eighth Judicial District Court for the…”
Lawson v. Tyco Elec. Corp., 286 F. Supp. 2d 639 (M.D.N.C. 2003).
· cites it 7× “Plaintiffs Motion to Remand is based on grounds that the amount in controversy requirement for federal diversity jurisdiction is not met and that the case is barred from removal pursuant to 28 U.S.C. § 1445 (c). Plaintiffs Motion to Remand will be granted.”
Guthrie v. Dow Chem. Co., 445 F. Supp. 311 (S.D. Tex. 1978).
· cites it 6× “” In this connection, plaintiffs contend that this cause is non-removable because of the terms and provisions of 28 U.S.C. § 1445 , which provide that: “.”
Obeid v. Meridian Auto. Sys., 296 F. Supp. 2d 751 (E.D. Mich. 2003).
· cites it 8× “Plaintiffs instant motion seeks remand arguing that the case is not removable pursuant to 28 U.S.C. § 1445 (c) because it involves a civil action arising under Michigan’s workers’ compensation laws.”
Matthew Burda v. M. Ecker Co., 954 F.2d 434 (7th Cir. 1992).
· cites it 3× “Subject Matter Jurisdiction Burda argues that his action arose under the Illinois Worker’s Compensation Act and therefore removal to federal court is barred by 28 U.S.C. § 1445 (c). 2 In order to determine whether Burda’s claim was removable to federal court, we must examine the…”
Figueroa v. Healthmark Partners, L.L.C., 125 F. Supp. 2d 209 (S.D. Tex. 2000).
· cites it 8× “Thereafter, on October 11, 2000, Plaintiff filed her Motion to Remand urging that 28 U.S.C. § 1445 (c) prohibits re *210 moving this action because this is a case “arising under the workmen’s compensation laws” of the State of Texas.”
Wagner v. FedEx Freight, Inc., 315 F. Supp. 3d 916 (N.D. Tex. 2018).
· cites it 4× “001(b) -this action is not removable under 28 U.S.C. § 1445 (c). Pls.' Mot. to Remand, at 2 (ECF No.”
Sandlass v. Sears, Roebuck & Co., 462 F. Supp. 2d 701 (D. Maryland 2006).
· cites it 10× “Currently pending before this Court is Plaintiffs Motion for Remand, which asserts that this action is a non-removable action under 28 U.S.C. § 1445 (c). The parties’ submissions have been reviewed and no hearing is necessary.”
Cedillo v. Valcar Enter. & Darling Delaware Co., 773 F. Supp. 932 (N.D. Tex. 1991).
· cites it 4× “FITZWATER, District Judge: Plaintiff’s motion to remand presents the questions whether a workers’ compensation retaliation action made nonremovable by 28 U.S.C. § 1445 (c) becomes removable when pendent to a federal question claim and whether the court should exercise…”
Am. Fire & Cas. Co. v. Finn, 341 U.S. 6 (1951).
· cites it 2× “) § 71; 28 U. S. C. § 1445 . [3] Care was taken to maintain opportunity for state trial of nonfederal matters.”
Beaver v. NPC Int'l, Inc., 451 F. Supp. 2d 1196 (D. Or. 2006).
· cites it 8× “Plaintiff contends that this court lacks subject matter jurisdiction because the case does not involve the requisite amount in controversy and because 28 U.S.C. § 1445 (c) precludes removal to federal court of civil actions arising under state workers’ compensation laws.”
Lewis v. Lewis & Clark Marine, Inc., 531 U.S. 438 (2001).
“Respondent’s arguments to limit and enumerate the saved remedies under the saving to suitors clause must fail in view of the consistent recognition by Congress and this Court that both state and federal courts may be proper forums for adjudicating claims such as petitioner’s.”
Bell v. Vecellio & Grogan, Inc., 475 S.E.2d 138 (W. Va. 1996).
· cites it 4× “11 We are not unmindful of two eases within the federal system which have addressed the question of whether the deliberate intention exception to an employer’s immunity from suit under W.”
Morgan Yawn, Jr. v. S. Ry. Co., Etc., 591 F.2d 312 (5th Cir. 1979).
· cites it 3× “Reasoning that the employees had cast what were clearly grievance claims in the form of FELA cases in order to avoid the grievance procedure and the National Railroad Adjustment Board, the district court denied the employees’ motions to remand to state court and granted the…”
Thompson v. Cort Furniture Rental Corp., 797 F. Supp. 618 (W.D. Tenn. 1992).
· cites it 7× “Plaintiff contends that under 28 U.S.C. § 1445 (e) this action was improvidently removed by defendant inasmuch as it arises under Tennessee’s worker’s compensation laws.”
Bynum v. Norfolk S. Ry. Co., 756 F.3d 282 (4th Cir. 2014).
· cites it 3× “Bynums motion also asserted that his “claim is not removable pursuant to 28 U.S.C. § 1445 (a)” — which bars removal of FELA claims brought in state court 2 — “and that it is not removable under 28 U.”
Charles Gonsalves v. Amoco Shipping Co., 733 F.2d 1020 (2d Cir. 1984).
· cites it 4× “The appeal reveals the tension between Congress’ preference to permit a plaintiff to maintain a Jones Act suit in state court, without risk of removal, 28 U.S.C. § 1445 (a) (1982), and its permission to a defendant to remove an entire lawsuit when a removable claim that is…”
Shanks v. Globe Metallurgical, Inc., 390 F. Supp. 3d 1323 (U.S. Cir. Ct. 2019).
· cites it 6× “Judge Murray found that the claims against the non-diverse Defendants did not arise under the Alabama Worker's Compensation Act, and therefore, that 28 U.S.C. § 1445 (c) did not prohibit their removal.”
Russell v. Wendy's Int'l, Inc., 219 S.W.3d 629 (Tex. App. 2007).
· cites it 6× “” However, the federal cases cited by Wendy’s address 28 U.S.C. § 1445 (c) (2006), a federal statutory provision preventing the removal to federal court of a case filed in state court if such case is one “arising under the workers’ compensation laws” of the state.”
Wiley v. United Parcel Serv., Inc., 227 F. Supp. 2d 480 (M.D.N.C. 2002).
· cites it 6× “§ 1332 , but barred from removal by 28 U.S.C. § 1445 (c). For the reasons discussed herein, Plaintiffs Motion to Remand will be granted, and Plaintiffs Motion for Attorneys’ Fees and Costs associated with his motion for remand will be denied.”
Gibson v. Wyatt Cafeterias, Inc., 782 F. Supp. 331 (E.D. Tex. 1992).
· cites it 5× “Prohibition on Removal under 28 U.S.C. § 1445 (c)? Plaintiff claims that this civil action should not have been removed to federal court because it arises under the Act.”
Nabors v. City of Arlington, Tex., 688 F. Supp. 1165 (E.D. Tex. 1988).
· cites it 4× “28 U.S.C. § 1445(c) Plaintiff’s sole argument is that section 1445(c) mandates the remand of this case.”
Richardson v. Owens-Illinois Glass Container, Inc., 698 F. Supp. 673 (W.D. Tex. 1988).
· cites it 3× “8307c (Vernon Supp.1988). Initially, the Court notes that a civil action arising under state workmen’s compensation laws should not be removed to a district court of the United States.”
Rosario v. Waterman S.S. Corp., 158 F. Supp. 537 (S.D.N.Y. 1957).
“See 28 U.S. C.A. § 1445(a). Defendants’ petition for removal alleges that the Jones Act claim is a fraud designed to deprive this Court of jurisdiction because: (1) the Jones Act claim is not well pleaded; and, (2) plaintiffs were not in fact employees of defendants.”
Bean (E.D. Wis. 2025).
· cites it 4×
Mims v. Arrow Fin. Servs., LLC, 565 U.S. 368 (2012).
“, 28 U. S.C. § 1445(a) (“A civil action in any State court against a railroad or its receivers or trustees, [arising under §§ 51-60 of Title 45,] may not be removed to any district court of the United States.”
Greene v. United Fruit Co., 85 F. Supp. 81 (S.D.N.Y. 1949).
“In this instance the-pertinen’t statute now in effect, Title 28 U.S. C.A. § 1445(a), bars the removal from a State to a Federal court of any action under the Federal Employers’ Liability Act.”
Hernandez v. Neo Pet Spa, Inc. (S.D. Fla. 2023).
· cites it 3× “Plaintiff cites to binding Eleventh Circuit precedent instructing that “28 U.S.C. § 1445(c) bars the removal of claims from state court ‘arising under the workmen’s compensation laws’ of the forum state.”
Haynes (N.D. Ala. 2025).
· cites it 2×
Tepe (E.D. Tenn. 2026).
· cites it 2×
— 28 U.S.C. § 1445(a) — 4 cases
Rosario v. Waterman S.S. Corp., 158 F. Supp. 537 (S.D.N.Y. 1957).
“See 28 U.S. C.A. § 1445(a). Defendants’ petition for removal alleges that the Jones Act claim is a fraud designed to deprive this Court of jurisdiction because: (1) the Jones Act claim is not well pleaded; and, (2) plaintiffs were not in fact employees of defendants.”
Mims v. Arrow Fin. Servs., LLC, 565 U.S. 368 (2012).
“, 28 U. S.C. § 1445(a) (“A civil action in any State court against a railroad or its receivers or trustees, [arising under §§ 51-60 of Title 45,] may not be removed to any district court of the United States.”
Greene v. United Fruit Co., 85 F. Supp. 81 (S.D.N.Y. 1949).
“In this instance the-pertinen’t statute now in effect, Title 28 U.S. C.A. § 1445(a), bars the removal from a State to a Federal court of any action under the Federal Employers’ Liability Act.”
— 28 U.S.C. § 1445(c) — 14 cases
Nabors v. City of Arlington, Tex., 688 F. Supp. 1165 (E.D. Tex. 1988).
“28 U.S.C. § 1445(c) Plaintiff’s sole argument is that section 1445(c) mandates the remand of this case.”
Richardson v. Owens-Illinois Glass Container, Inc., 698 F. Supp. 673 (W.D. Tex. 1988).
“8307c (Vernon Supp.1988). Initially, the Court notes that a civil action arising under state workmen’s compensation laws should not be removed to a district court of the United States.”
Hernandez v. Neo Pet Spa, Inc. (S.D. Fla. 2023).
“Plaintiff cites to binding Eleventh Circuit precedent instructing that “28 U.S.C. § 1445(c) bars the removal of claims from state court ‘arising under the workmen’s compensation laws’ of the forum state.”
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