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HOROWITZ v. MARLTON ONCOLOGY, P.C.

No. Civ. 99-3863(JBS).

116 F.Supp.2d 551 (1999)

Carolyn HOROWITZ, M.D., Plaintiff, v. MARLTON ONCOLOGY, P.C., Douglas Colkitt, M.D., Joanne Russell, Marcy Colkitt, Equimed, Inc., National Medical Financial Services, Inc., and Oncology Services Corp., Defendants.

United States District Court, D. New Jersey.

November 17, 1999.

Attorney(s) appearing for the Case

Steven J. Fram, John C. Barnoski, Archer & Greiner, Haddonfield, NJ, for plaintiff.

Joseph M. Micheletti, Wolf, Block, Schorr and Solis-Cohen LLP, Camden, NJ, for defendants.

OPINION

SIMANDLE, District Judge.

In the instant case, this Court is called upon to decide if a state racketeering claim is removable to the federal courts pursuant to federal question jurisdiction, 28 U.S.C. § 1331. As explained below, this Court agrees with several other courts that a state RICO claim does not satisfy federal question jurisdiction under the "well-pleaded complaint" rule, and thus plaintiff's motion for remand will be granted. Accordingly...

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