Tri T. Tran v. Strategic Dental Executives, LLC et al.

Summary

The court addresses whether removal was proper based on federal-question jurisdiction where the plaintiff asserted only Texas-law claims for wrongful discharge in violation of public policy and breach of contract. The court concludes that the claims do not present a substantial federal question concerning OSHA and invites the removing defendant to brief why the case should not be remanded to state court.

Holdings

1. Tran's state-law wrongful-discharge claim did not present a substantial federal question merely because Strategic Dental argued that the claim implicated OSHA; the federal court therefore lacked subject-matter jurisdiction.
2. A federal court must consider subject-matter jurisdiction sua sponte when necessary and must remand a removed action if, before final judgment, it appears that subject-matter jurisdiction is lacking.

Questions Presented

1. Whether Tran's Texas-law wrongful-discharge and breach-of-contract claims presented a substantial federal question sufficient to support federal-question jurisdiction under 28 U.S.C. § 1331.
2. Whether the action should be remanded because the federal court lacked subject-matter jurisdiction.

Disposition

other