QUESTIONS PRESENTED
1. Whether a denial of summary judgment involving purely legal issues is reviewable on an appeal from a judgment entered after trial on the
merits.
2. Whether a State workers’ compensation tribunal’s exclusive jurisdiction under state law bars original diversity jurisdiction of a workers’ compensation insurer’s federal court action to rescind the insurance policy filed after the injured employee has filed an action before the State’s tribunal.
3. Whether the prohibition in 28 USC section 1445(c) against removal of state court civil actions arising under the State’s workers’ compensation laws bars original diversity jurisdiction of a workers’ compensation insurer’s federal court action to rescind the insurance policy filed after the injured employee has filed a state workers’ compensation action.
Brief PDF
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