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Garcia v. Amfels, Inc.

The district court did not abuse its discretion in granting the appellees' motion for attorneys' fees and costs in connection with the motion to remand.

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Appeal from the United States District Court for the Southern District of Texas

The Appellant, Amfels, Inc., appeals the district court’s order granting Appellees’ motion for attorneys’ fees and expenses incurred in prosecuting their motion to remand under � 1447(c). This case arose out of an accident which occurred on April 22, 1999, at the Amfels shipyard at the Port of Brownsville, Texas. Tragically, Bladimir Garcia, during the course of his duties, received an electric shock and died.

The Appellees, the Garcias, filed suit in Texas state court asserting Texas state law claims for negligence and premises liability. Their petition made no reference to the Longshore and Harbor Worker’s Compensation Act (LHWCA) or any other federal statute, regulation, law, or question. In their answer, Amfels raised the LHWCA as an affirmative defense, arguing the suit was preempted. Amfels then removed the case to federal court on the basis of federal question jurisdiction. The Garcias filed a motion to remand the case to state court. Relying upon our holding in Aaron v. National Union Fire Ins. Co. of Pittsburg [sic], Pa., 876 F.2d 1157 (5th Cir. 1989) that a LHWCA defense does not create federal subject matter jurisdiction, the district court granted the Garcias’ motion to remand.

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