Brooks v. Wireless One, Inc.

43 F. Supp. 2d 1294, 1999 WL 223427
District Court, M.D. Alabama·Decided January 26, 1999·No. No. Civ.A. 98-D-1232-S·Published

Opinion

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is Plaintiffs Motion to Remand (“Mot.”), filed on November 13, 1998, wherein Plaintiff alleges a violation of 28 U.S.C. § 1445(c), which prohibits the removal to federal district court of a state civil court action “arising under” the workers’ compensation laws of such state. See 28 U.S.C. § 1445(c). Defendant filed a Submission in Opposition to Motion to Remand, which the court construes as a Response (“Response”), on December 1, 1998. After a thorough review of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Plaintiffs Motion to Remand is due to be granted.

FACTUAL BACKGROUND

On or about October 13, 1996, Plaintiff was injured while working within the line and scope of his employment with Defendant. (PL’s Compl. ¶ 1; Def.’s Answer ¶ 1.) Plaintiff filed a claim for workers’ compensation benefits for the injuries he sustained, Defendant acknowledged notice of the injuries, and medical benefits were paid under the workers’ compensation laws of the State of Alabama. (Pl.’s Compl. ¶ 2; Def.’s Answer ¶ 2.) In November of 1996, Plaintiff returned to work at an hourly wage that had been reduced by $2.00 per hour and continued to work with reduced pay until August 18, 1998, on which date Plaintiff was terminated. (PL’s Compl. ¶ 3; Def.’s Answer ¶ 3.)

Plaintiff filed a retaliatory discharge lawsuit against Defendant in the Circuit Court of Houston County, Alabama, on September 30, 1998. Plaintiff alleges that Defendant violated Ala.Code § 25-5-11.1 (1975), which states, in relevant part, that “[n]o employee shall be terminated by an employer' solely because the employee has [1295] instituted or maintained any action against the employer to recover workers’ compensation benefits under this chapter.” Ala. Code § 25-5-11.1 (1975). On October 30, 1998, Defendant invoked this court’s jurisdiction by removing the case to this court based upon diversity of citizenship and requisite amount in controversy. See 28 U.S.C. §§ 1332 and 1441. Thereafter, Plaintiff filed his Motion to Remand, which is the subject of this Memorandum Opinion and Order.

DISCUSSION

Removal of a case from state to federal eourt is proper if the case could have been brought originally in federal court. See 28 U.S.C. § 1441(a). A federal district court may assert jurisdiction in a case involving citizens of different states where the amount in controversy, exclusive of interest and costs, exceeds $75,000.00. See 28 U.S.C. § 1332(a). Therefore, where the parties are diverse and the amount in controversy is sufficient, a defendant has the statutory right to remove an action from state to federal court. Id.

It is well-settled that the defendant, as the party removing an action to federal court, has the burden of establishing federal jurisdiction. See Diaz v. Sheppard, 85 F.3d 1502, 1505 (11th Cir.1996). Removal statutes must be strictly construed because of the significant federalism concerns raised by removal jurisdiction. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 61 S.Ct. 868, 85 L.Ed. 1214 (1941); Seroyer v. Pfizer, Inc., 991 F.Supp. 1308, 1312 (M.D.Ala.1997) (DeMent, J.). Therefore, “[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). “All doubts [and uncertainties] about federal court jurisdiction must be resolved in favor of a remand to state court.” Seroyer, 991 F.Supp. at 1312 (citing Burns v. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir.1994)); see also Shamrock Oil, 313 U.S. 100, 61 S.Ct. 868, 85 L.Ed. 1214; Diaz, 85 F.Sd at 1505; Coker v. Amoco Oil Co., 709 F.2d 1433 (11th Cir.1983); Stone v. Williams, 792 F.Supp. 749 (M.D.Ala.1992).

In his Motion, Plaintiff claims that this court lacks subject matter jurisdiction over this case because of the express prohibition set forth in a federal statute, 28 U.S.C. § 1445(c). (Mot. 573.) Section 1445(c) states: “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.” 28 U.S.C. § 1445(c) (emphasis added).1 In support of his Motion, Plaintiff claims that his civil action “arises under the worker’s [sic] compensation laws of the State of Alabama codified as Alabama Code, 1975, § 25-5-1, et seq., and more specifically § 25-5-11.1 under this act which provides for a cause of action such as the cause of action filed in this case for retaliatory discharge.” (Mot. ¶ 1 (emphasis added).) Therefore, Plaintiff contends that the court must remand this case to the Circuit Court of Houston County for adjudication.

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Brooks v. Wireless One, Inc., 43 F. Supp. 2d 1294, 1999 WL 223427 (M.D. Ala. 1999).

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