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United States First Circuit


Fernandez-Vargas v. Pfizer Pharm., Inc., 06-2632

In an action arising from the death of a person who was shot while working at Pfizer's facility in Puerto Rico, judgment for defendant is affirmed over claims that the district court: 1) improperly removed plaintiff's complaint to federal court and lacked subject matter jurisdiction over the action from the outset; 2) improperly dismissed plaintiff's cross-claim against Pfizer based on the erroneous view that WACA section 21 provided employer immunity from suit; 3) failed to appoint decedent's son as guardian ad litem, rendering the judgment null and void; and 4) erroneously enjoined plaintiff from suing Pfizer in the commonwealth court.

Appellate Information

  • Decided 04/03/2008
  • Published 04/03/2008

Judges

  • BALDOCK, Senior Circuit Judge., Before LIPEZ, Circuit Judge, BALDOCK, Senior Circuit Judge and HOWARD, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Mireya Baltazar-Suazo, with whom Orlando I. Martínez-Garcia and Abogados de América Law Offices were on brief for appellants.

  • For Appellees:
  • Mariela Rexach-Rexach, with whom Teresa M. Seda-Ramos and Schuster Aguilo LLP were on brief for appellees.
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