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New MD PA Motion to remand UIM case grantedOn August 31, 2007 Judge Caputo in the Middle District of Pennsylvania federal court granted the plaintiff's Motion to remand a UIM claim to Luzerne County in Howell v. State Farm. The case started out in Luzerne County with a claim filed against State Farm and the agent who handled the case. Five months after being served State Farm removed the case to federal court after the agent was dismissed by Preliminary Objections in the state court action. State Farm alleged that the case could be removed since the removal took place within 30 days after the Preliminary Objections were granted dismissing the agent form the case and that the agent should never have been included since it was a fraudulent joinder. Howell countered that the removal was not proper since it was more than 30 days after the initial pleading was served. Judge Caputo grants the Motion to Remand noting that if State Farm believed there was a fraudulent joinder it had the obligation to do so immediately and not wait.
Scott B. Cooper
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