Aboosamara v. Cisolift Distribution USA, Inc.

Summary

The United States District Court for the Middle District of Florida considered whether to remand a removed employment action involving an alleged retaliatory discharge under Florida’s workers’ compensation statute and related unpaid-wage claims. The court concluded that the retaliation claim was subject to remand under 28 U.S.C. § 1445(c), questioned whether the amount-in-controversy requirement was satisfied, and ordered the defendant to show cause why the case should not be remanded.

Holdings

1. Count I (retaliatory discharge under Florida's Workers' Compensation Law, Fla. Stat. § 440.205) must be remanded to state court because a civil action arising under state workers' compensation laws may not be removed to federal court pursuant to 28 U.S.C. § 1445(c).
2. The court finds that it is not immediately clear that the amount in controversy is met.
3. The court is not inclined to maintain jurisdiction over the remaining claims where state law dominates.

Questions Presented

1. Whether the district court has subject matter jurisdiction over a state workers' compensation retaliation claim removed to federal court.
2. Whether the amount in controversy exceeds $75,000 to support diversity jurisdiction.
3. Whether the court should decline to exercise supplemental jurisdiction over remaining state law claims.

Disposition

remanded