Friday, October 27, 2023

Pleading of Federal Regulations In Trucking Case Does Not Create Federal Issue In Terms of Removal Statute

In the case of Caeser v. Greentree Transportation Co., No. 2:23-CV-03005-GAM (E.D. Pa. Sept. 13, 2023 McHugh, J.), the court addressed a Plaintiff’s Motion to Remand a fatal trucking accident case from federal court back to state court.

In the Plaintiff's Complaint, the Plaintiff cited multiple violations of regulations promulgating by the Federal Motor Carrier Safety Administration, the US Department of Transportation, and the Federal Highway Administration.

The Defendant asserted that these allegations created a federal issue thereby making this case removable pursuant to 28 U.S.C. §1331.

The federal court disagreed and granted the Plaintiff’s Motion to Remand the case back to the state court.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

Source:  “Digest of Recent Opinions.”  Pennsylvania Law Weekly (Oct. 6, 2023).

Source of image: Photo by Jim Wilson from

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