Ace Property and Casualty Insurance Company v. McKesson Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ACE PROPERTY AND CASUALTY Case No. 20-cv-09356-JSC
INSURANCE COMPANY,
8 Plaintiff, ORDER RE: MOTION TO REMAND 9 v. Re: Dkt. No. 90 10 MCKESSON CORPORATION, et al., 11 Defendants.
12 Ace Property and Casualty Insurance Company (“ACE”) filed this action in Orange County Superior Court seeking a declaration that it has no duty to defend or indemnify McKesson Corporation (“McKesson”) for lawsuits alleging that McKesson contributed to and profited from the nation’s opioid epidemic. In addition to McKesson, ACE named as defendants 25 other insurance companies that insured McKesson at some point during the relevant period. McKesson removed the lawsuit to this Court based on diversity jurisdiction. Before the Court is ACE’s motion to remand. (Dkt. No. 90.) ACE contends that McKesson’s notice of removal is facially and procedurally defective, and that McKesson cannot use the doctrine of realignment to cure the defects in its removal notice. After carefully considering the…