The opinion of the court was delivered by: JAMES H. ALESIA
Before the court is plaintiff John Angone's Motion for Remand to State Court.
Defendants removed this case from the Circuit Court of Cook County, Illinois, to this court. Counts I (Retaliatory Discharge) and II (Conspiracy to Discharge) were removed on the basis of federal question jurisdiction, grounded in preemption by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1144, and by the labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185. Count III (Libel) is asserted to be otherwise removable under 28 U.S.C. § 1441(c).
Plaintiff now moves for remand. Plaintiff's motion raises two issues: (1) whether the case is non-removable under 28 U.S.C. § 1445(c) as a civil action arising under the workers' compensation laws of Illinois; and (2) whether federal preemption truly operates here, raising the question of federal subject-matter jurisdiction in general.
The court considers first the Section 1445(c) issue, and then the issue of whether federal subject-matter jurisdiction exists.
28 U.S.C. § 1445(c) directs that a civil action in state court arising under the workers' compensation laws of that state may not be removed to federal court. Section 1445(c) is put at issue here because the claimed retaliatory discharge is allegedly in retaliation for the filing of a workers' compensation claim. So, does such a retaliatory discharge claim arise under Illinois workers' compensation laws for purposes of Section 1445(c)?
III. SUBJECT-MATTER JURISDICTION
Passing Section 1445(c), of course, does not resolve the larger subject-matter jurisdiction question. Defendant claims federal question jurisdiction based on preemption by the LMRA and ERISA, each considered separately.
There are two separate disputes here regarding two different counts: Count I, alleging straight retaliatory discharge, and Count II, ...