Lopez v. Sentrillon Corp.

Plaintiff filed state law claims against Sentrillion, a general contractor, for injuries he sustained during a construction project for the U.S. Custom and Border Patrol. Sentrillion filed third-party indemnity and contribution claims under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., against the United States. The United States then moved the case to federal court and then moved to dismiss under the derivative jurisdiction doctrine. The district court dismissed all claims against the United States and remanded remaining claims to state court. Sentrillion appealed. The court affirmed the district court's holding that it was bound by extant Supreme Court precedent to dismiss Sentrillion's claims against the United States under the derivative jurisdiction doctrine. Having determined as a preliminary matter that the derivative jurisdiction doctrine applied to removals under 28 U.S.C. 1442, the court affirmed the district court's order remanding the remaining state law claims to state court on the basis that Sentrillion waived appeal of the 28 U.S.C. 1367(c) determination. View "Lopez v. Sentrillon Corp." on Justia Law