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Civil Procedure Keyed to Rowe
Preston v. Tenet Healthsystem Memorial Medical Center, Inc.
Citation:485 F.3d 804 (5th Cir. 2007)
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On behalf of patients and relatives of patients who were hospitalized at the facilities during Hurricane Katrina, Preston (Plaintiff) filed a class action lawsuit against Tenet Health and another hospital, asserting claims of negligence and misconduct. The defendants removed the case to federal court. Plaintiff filed a motion to remand under the local controversy exception of the Class Action Fairness Act, which the court granted. The defendants appealed that ruling, contesting the court’s findings under CAFA’s exceptions to federal jurisdiction.
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