United States District Court for the Eastern District of Michigan; Docket No. 79-40232; Published
Judge Stewart A. Newblatt; Written Opinion
Official Federal Reporter Citation: 492 F Supp 645; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Federal Jurisdiction and Removal of PIP Claims
CASE SUMMARY:
In a lengthy written Opinion, Judge Stewart Newblatt held that an action against Allstate Insurance Company by a Michigan resident for recovery of no-fault benefits was properly removable to the Federal Court pursuant to 28 USC 1441(c). However, the Court declined to exercise ancillary jurisdiction over the remaining two counts of the lawsuit which were based on negligence and breach of statutory duty to pay workers' compensation benefits. The Court ruled that there was "simply no thread in common" between the claim for no-fault benefits and the remaining two counts and, accordingly, those two counts should be split from Count I and remanded to the state court.
