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Hughes v. Raritan Central Railway

United States District Court, D. New Jersey
Oct 3, 2006
Civil Action No. 06-3665 (HAA) (D.N.J. Oct. 3, 2006)

Opinion

Civil Action No. 06-3665 (HAA).

October 3, 2006


OPINION AND ORDER


This matter comes before the Court on the motion of Plaintiffs to remand this case back to the Superior Court of New Jersey, Middlesex County, Law Division. Plaintiffs filed their Complaint in Superior Court on July 30, 2004. The Complaint asserts claims under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51- 60, for injuries allegedly suffered by Plaintiff Christopher Hughes during his employment by Defendant Raritan Central Railway. Defendant removed this action to this Court on August 4, 2006 on the basis of federal question jurisdiction because the Complaint asserts federal claims under FELA.

FELA provides for concurrent jurisdiction of the United States District Courts and state courts over actions brought under FELA. 45 U.S.C. § 56. If a plaintiff files such an action in state court, however, the United States Code bars removal of that matter to federal court:

A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1-4 and 5-10 of the Act of April 22, 1908 (45 U.S.C. 51-54, 55-60), may not be removed to any district court of the United States.

45 U.S.C. § 1445(a); see also, e.g., Andricola v. National R.R. Passenger Corp., 745 F. Supp. 311, 312-13 (E.D. Pa. 1990).

Plaintiffs' Complaint raises claims exclusively under FELA. Section 1445(a) clearly bars removal of this action from state court to a federal district court. Perhaps recognizing the futility of litigating this action in this Court, Defendant has not filed any opposition to Plaintiffs' motion to remand. This Court will remand this matter to the Superior Court of New Jersey.

Conclusion

For the foregoing reasons, Plaintiffs' motion to remand is hereby GRANTED. This matter is hereby REMANDED to the Superior Court of New Jersey, Middlesex County, Law Division.


Summaries of

Hughes v. Raritan Central Railway

United States District Court, D. New Jersey
Oct 3, 2006
Civil Action No. 06-3665 (HAA) (D.N.J. Oct. 3, 2006)
Case details for

Hughes v. Raritan Central Railway

Case Details

Full title:CHRISTOPHER HUGHES and WENDY HUGHES, Plaintiffs, v. RARITAN CENTRAL…

Court:United States District Court, D. New Jersey

Date published: Oct 3, 2006

Citations

Civil Action No. 06-3665 (HAA) (D.N.J. Oct. 3, 2006)