Zurich American Insurance v. General Motors Corp.

ORDER

This matter is before the court on plaintiffs motion to remand the above-captioned case to state court, from whence defendant removed it. I decide the matter on the basis of the papers filed herein, and without oral argument.

According to the complaint, plaintiff Zurich American Insurance Company insured the employer of Nathan Kennedy under a policy of workers’ compensation insurance. Zurich alleges that defendant General Motors’ defective product is responsible for injuries suffered by Kennedy during the course and scope of his employment and that Zurich, as a direct result of defendant’s alleged negligence, was required to pay Kennedy’s workers’ compensation benefits. Zurich brings suit against General Motors pursuant to California Labor Code § 3852, seeking to recover for the amount of those benefits.

As a general matter, a case arising under California’s worker’s compensation laws cannot be removed to this court. See 28 U.S.C. § 1445 (c) (“A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.”). The sole question presented by plaintiffs motion, then, is whether…