United States Fifth Circuit
Poche v. Texas Air Corps, Inc., 07-20618
In a Fair Labor Standards Act claim alleging that plaintiff was entitled to overtime wages, and also alleging numerous state-law claims, remand of case to state court is reversed where 28 U.S.C. section 1441(c) does not permit a district court to remand federal claims conferring removal jurisdiction, even where those claims are part of a case predominated by state law.
Appellate Information
- Decided 11/19/2008
- Published 11/19/2008
Judges
- JENNIFER W. ELROD, Circuit Judge:, Before KING, WIENER, and ELROD, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Jennifer G. Black (argued), Law Offices of Jennifer G. Black, Houston, TX, for Poche.
- For Appellees:
- Charles H. Wilson (argued), Epstein, Becker, Green, Wickliff & Hall, Houston, TX, for Defendant-Appellant.