United States Fifth Circuit

In an action seeking home insurance proceeds arising out of Hurricane Katrina, the district court's denial of plaintiff's motion to remand to state court is vacated where no federal court had original jurisdiction over the action, and 28 U.S.C. section 1367, the supplemental jurisdiction statute, by its own terms, could not fill the void.

Appellate Information

• Decided 04/09/2010
• Published 04/09/2010

Judges

• Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.   PATRICK E. HIGGINBOTHAM:  Stephen Halmekangas sued ANPAC Louisiana Insurance Company and its agent Stephen Harelson in Louisiana state court.   All parties were Louisiana domiciliaries, and no federal question was presented.   Facing the hurdle that the district court would not have had original jurisdiction had the suit been first filed there, defendants removed to federal court, asserting supplemental jurisdiction under 28 U.S.C. § 1367(a)-on the idea that the state case related to an action pending in federal court.   The federal district court denied Halmekangas's efforts to remand and granted summary judgment to ANPAC and Harelson.   Halmekangas appealed.   Because there was no authority to remove the ANPAC action, we vacate the summary judgment and remand to the district court with instructions to remand the ANPAC suit to the originating Louisiana state court.

Court

• United States Fifth Circuit

Counsel