Friday, December 08, 2006

Plaintiff/counter-defendant cannot remove case based on federal question in counterclaim

In Great Eastern Resort Association v. Bluegreen Corporation, Judge Wilson ordered the remand of a case where the original plaintiff sued some former employees in state court, the employees counterclaimed under the Fair Labor Standards Act, and the original plaintiff filed a notice of removal based on the counterclaim.

Can you even bring a counterclaim under the FLSA in state court? Maybe so.

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