Marcus Smith, Individually, and as Representative of the Estate of Celia B. Smith v. Nexion Health at McKinney, Inc. D/B/A McKinney Healthcare and Rehabilitation Center and Menur Beshir, LVN

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that claims are not \separate and independent\ when the plaintiff has suffered only a single wrong
• holding that an extension of federal jurisdiction through consent of the parties is not permitted
• stating that “the [removal] jurisdiction of the federal courts is carefully guarded against expansion by judicial interpretation . . . .”
• noting that the Finn Court cited Bailey and Handley-Mack “with what could be regarded as approval and certainly was not disapproval”
• noting that there was a single cause of action where there was a “single wrongful invasion of a single primary right of the plaintiff, namely, the right of bodily safety”
• remanding case to state court where petitioner successfully challenged diversity of citizenship on appeal after removing action and then losing on the merits in the district court

Source: CourtListener parenthetical corpus (CC0).