McLaughlin v. Western Union Telegraph Co.
District Court, E.D. Louisiana · 1925-07-09 · cited 14×
In McLaughlin v. Western Union Telegraph Co., the plaintiff sued the defendant in Louisiana state court under the state's Workmen's Compensation Law for a workplace injury, after taking a nonsuit in a prior federal action in Texas that included both tort and compensation claims. The defendant removed the case to federal court based on diversity of citizenship, and the plaintiff moved to remand, arguing that the compensation law's procedures were incompatible with federal court and that the defendant's prior Texas pleadings estopped removal. The court denied the motion to remand, holding that the Louisiana statute creates enforceable substantive rights that federal courts may adjudicate in diversity cases, even if the form of action or procedures differ from state court, as distinguished from mere remedial rights. The decision rested on precedents separating substantive rights from procedural remedies and noted that doubts on removability should favor retention of jurisdiction due to the lack of appellate review for remand orders.
