GRIMES V. AMTECH CORP., 2012 WL 3772508 (N.D. ALA. AUG. 28, 2012)

Federal District Court adopts Report and Recommendation of Magistrate Judge ( Grimes v. Amtech Corp., 2012 WL 3773397 (N.D. Ala. July 30, 2012)), ordering remand of wrongful death lawsuit to the Circuit Court of Madison County, Alabama, upon determination that case was improperly removed under contention of exclusive federal enclave jurisdiction pursuant to Art. I, section 8, cl. 17, U.S. CONST., and 16 U.S.C. section 457. Following Gulf Offshore Co. Mobil Oil Corp., 453 U.S. 473 (1981), the District Court and Magistrate Judge noted that there is concurrent state and federal subject matter jurisdiction for injuries and deaths occurring upon federal enclaves such as the Redstone Arsenal in Huntsville.

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