United States Eleventh Circuit
Della Dial v. Healthspring of Alabama, Inc., 0715529
In an appeal presenting the question of whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court, denial of plaintiffs' motion to remand is reversed and remanded where: 1) because the plaintiffs' action is not a "civil action of which the district courts have original jurisdiction," the action is not removable; and 2) the district court would lack subject-matter jurisdiction over their complaint because it is not against the Secretary of the Department of Health and Human Services for review of an administrative decision.
Appellate Information
- Decided 08/26/2008
- Published 08/26/2008
Judges
Court
- United States Eleventh Circuit