Mitchell v. Advanced HCS, L.L.C.

Mitchell v. Advanced HCS, L.L.C.

Opinion

Kurt D. Engelhardt, Circuit Judge:

] Federal courts have limited jurisdiction. We may only adjudicate cases and controversies to which the federal "judicial Power" extends. U.S. Const. art. III; see Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 372, 98 S. Ct. 2396, 57 L. Ed. 2d 274 (1978) (explaining that "Acts of Congress" likewise limit the jurisdiction of federal courts). [*2]  Typically, this power does not extend to state-law disputes between citizens of the same state. See 28 U.S.C. § 1331; 28 U.S.C. § 1332. Defendants-Appellants ask us to exercise power over such a dispute. But the trio of jurisdictional doctrines they invoke are inapplicable here, so we cannot.¹ We therefore AFFIRM the district court and REMAND with directions to further REMAND this case to state court.

Emma Mitchell, a resident of Wedgewood nursing home, tragically passed away in May 2020 from pneumonia, heart disease, and complications from COVID-19. Plaintiff-Appellee Troy Mitchell ("Mitchell"), son of Emma Mitchell and executor of her estate, sued Defendants-Appellants (collectively "Wedgewood") in Texas state court in December 2020. Mitchell alleged state-law causes of action for medical negligence, corporate negligence, and gross negligence. There is no dispute that both parties are citizens of Texas.

Wedgewood removed the case to federal district court. It argued that the Public Readiness and Emergency Preparedness Act ("PREP Act" or "the Act") completely preempted Mitchell's state-law claims and created federal jurisdiction, that it could remove under the federal officer removal statute, and that jurisdiction [*3]  existed under the Grable doctrine. Mitchell moved to remand back to state court. The district court granted the motion, holding that the Act did not completely preempt Mitchell's state-law claims. Mitchell v. Advanced HCS, LLC, No. 4:21-CV-00155-P, 2021 U.S. Dist. LEXIS 65488, 2021 WL 1247884, at *4-5 (N.D. Tex. Apr. 5, 2021). The court did not, however, address Wedgewood's alternate bases for removal. See generally id.

] Because this appeal concerns jurisdiction alone, we review the district court's holding de novo. Tenth St. Residential Ass'n v. City of Dallas, 968 F.3d 492, 498 (5th Cir. 2020).

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