NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA v. OLD DOMINION FREIGHT LINE, INC., 3:11-cv-660-GCM. (2012)
Court: District Court, W.D. North Carolina
Number: infdco20120302b54
Visitors: 10
Filed: Mar. 01, 2012
Latest Update: Mar. 01, 2012
Summary: ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on National Union Fire Insurance Company of Pittsburgh, PA's ("National Union") Motion to Remand [D.I. 10], Old Dominion Freight Line, Inc.'s ("Old Dominion") Memorandum in opposition [D.I. 14], and National Union's Reply [D.I. 15]. The Motion to Remand has been fully briefed and is ripe for determination. The Court holds that North Carolina state law governs National Union's claim for cargo damage regarding the intrast
Summary: ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on National Union Fire Insurance Company of Pittsburgh, PA's ("National Union") Motion to Remand [D.I. 10], Old Dominion Freight Line, Inc.'s ("Old Dominion") Memorandum in opposition [D.I. 14], and National Union's Reply [D.I. 15]. The Motion to Remand has been fully briefed and is ripe for determination. The Court holds that North Carolina state law governs National Union's claim for cargo damage regarding the intrasta..
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ORDER
GRAHAM C. MULLEN, District Judge.
THIS MATTER is before the Court on National Union Fire Insurance Company of Pittsburgh, PA's ("National Union") Motion to Remand [D.I. 10], Old Dominion Freight Line, Inc.'s ("Old Dominion") Memorandum in opposition [D.I. 14], and National Union's Reply [D.I. 15]. The Motion to Remand has been fully briefed and is ripe for determination.
The Court holds that North Carolina state law governs National Union's claim for cargo damage regarding the intrastate motor carrier transport of the cargo of National Union's insured. The cause of action brought by National Union is not governed by any federal statute or federal common law, and the cause of action is not dependent on the resolution of a substantial issue of federal law. Furthermore, the cause of action does not arise from a federal statute or from a federal common law principle. Therefore, this Court rules this it lacks subject matter jurisdiction over this case within the meaning of 28 U.S.C. § 1331.
Accordingly, it is hereby ORDERED that National Union's Motion to Remand this case to the Superior Court of Mecklenburg County, North Carolina is GRANTED.
IT IS SO ORDERED.
Source: Leagle
