Plaintiff moved to remand the case back to state court. Plaintiff filed suit against defendant under the Missouri Workers’ Compensation Law and Whistleblowers Protection Act. Defendant removed the case to federal court, alleging diversity jurisdiction and federal question jurisdiction because the case required analysis of a CBA and thus was preempted by the Labor Management Relations Act.
Where defendant failed to show that plaintiff’s workers’ compensation retaliation claim was preempted by the LMRA and where his workers’ comp claim was statutorily barred from being removed to federal court, the court granted the motion to remand.
Plaintiff’s motion to remand granted.
Hemmeain v. Heartland Coca-Cola Bottling Company, LLC (MLW No. 85004/Case No. 4:26 CV 553 RWS – 12 pages) (U.S. District Court, Eastern District of Missouri, Sippel, J.
The federal government is cracking down on fraud in the healthcare industry, prioritizing False Claims Act (FCA) whistleblower complaints, and perhaps targeting the medical technology industry mor...