Andersen et al v. Anulex Technologies, Inc. et al

Filing 48

ORDER OF REMAND: Case remanded to Twentieth Judicial Circuit, St. Clair County, Illinois, GRANTING 30 MOTION to Remand filed by Gregory Andersen.. Signed by Judge G. Patrick Murphy on 3/11/2013. (ktc)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

GREGORY ANDERSEN and KAREN
ANDERSEN,
Plaintiffs,
vs.
ANULEX TECHNOLOGIES, INC.,
PROTESTANT MEMORIAL MEDICAL
CENTER, INC. d/b/a/ MEMORIAL
HOSPITAL, WILLIAM W. SPRICH, and
M.S.A. ALLIANCE, LLC, d/b/a
NEUROLOGICAL SURGERY OF
SOUTHERN ILLINOIS,
Defendants.

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CIVIL NO. 12-1145-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
The Court heard argument on Plaintiffs’ motion to remand (Doc. 30) and after discussion
on the record and review of the parties’ very thorough briefing, the Court finds it is without federal
subject matter jurisdiction.

Plaintiffs’ motion is GRANTED and this case shall be

REMANDED.
Looking to the complaint, the Court finds that Plaintiffs have pleaded a garden variety
section 402A Restatement (Second) of Torts state claim. See Application of County Collector of
County of Winnebago, Ill., 96 F.3d 890, 895 (7th Cir. 1996) (“To determine the presence or
absence of federal question jurisdiction, we generally look no further than the allegations
contained in the plaintiff’s ‘well-pleaded complaint.’”); Franchise Tax Bd. V. Constr. Laborers

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Vacation Trust, 463 U.S. 1, 10-11 (1983); Hart v. Wal-Mart Stores Inc., Associates’ Health and
Welfare Plan, 360 F.3d 674 (7th Cir. 2004); Caterpillar, Inc. v. Williams, 482 U.S. 386, 398-99
(1987). The complaint alleges that the device at issue was unreasonably dangerous (Doc. 2-1, p.
7). The complaint also implicates Federal Drug Administration regulations, and it may be that
those regulations compromise a defense in the state case, but “a potential federal defense is not
enough to create federal jurisdiction”. Chicago Tribune Co. v. Board of Trustees of University of
Illinois, 680 F.3d 1001, 1003 (7th Cir. 2012), citing Grable & Sons Metal Products, Inc. v. Darue
Engineering & Manufacturing, 545 U.S. 308 (2005). “[F]ederal courts do not have jurisdiction
over every single case that turns on the resolution of a federal question.” Teamsters Nat.
Automotive Transporters Negotiating Committee v. Troha, 328 F.3d 325, 328 n.4 (7th Cir. 2003),
citing Merrell Dow Pharm., Inc. v. Thompson, 478 U.S. 804 (1986). Such is the case here.
For the reasons articulated here, in Plaintiffs’ briefing, and on the record, Plaintiffs’ motion
to remand (Doc. 30) is GRANTED and this case REMANDED to the Twentieth Judicial Circuit,
St. Clair County, Illinois.

IT IS SO ORDERED.
DATED: March 11, 2013
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G. PATRICK MURPHY
United States District Judge

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