• Mehr Fairbanks & Peterson

MFP RECEIVES FAVORABLE ORDER REMANDING CASE TO STATE COURT

In the case of Legacy Health Services, Inc. v. Illinois Union Insurance Co. and Columbia Casualty Co., Defendant Illinois Union Insurance Company filed a Notice of Removal, which transferred the case to federal court in the Western District of Kentucky. On behalf of the Plaintiff, Legacy Health Services, Inc., Mehr, Fairbanks & Peterson filed a motion to remand the case back to Christian Circuit Court. On October 14, 2021, the federal court granted Plaintiff’s motion to remand, finding that Defendant Illinois Union Insurance Company had not met its burden of showing that removal was proper. Since the federal court did not have jurisdiction, removal was improper. The case has been remanded to state court.