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BURGO v. VOLKSWAGEN OF AMERICA

No. CIV.A. 01-2401(JCL).

183 F.Supp.2d 683 (2001)

Judy & Michael BURGO, on behalf of themselves and others similarly situated, Plaintiffs, v. VOLKSWAGEN OF AMERICA, et al., Defendants.

United States District Court, D. New Jersey.

October 17, 2001.

Attorney(s) appearing for the Case

Peter S. Pearlman, Cohn, Lifland, Perlman, et al., Saddle Brook, NJ, for Plaintiff.

Jeffrey L. Chase, Chase Kurshan, Suhr, et al., Livingston, NJ, Ronald J. Levine, Herrick, Feinstein, LLP, Princeton, NJ, for Defendant.

MEMORANDUM AND ORDER

LIFLAND, District Judge.

This issue in this case is whether the Court has subject matter jurisdiction over Plaintiffs' claims. The Court must apply the doctrine of the well-pleaded complaint, and the corollary complete preemption exception, to the language of the federal Motor Vehicle Safety Act ("MVSA" or the "Act"). Plaintiffs Judy and Michael Burgo move to remand this action to state court pursuant to 28 U.S.C. § 1447(c). Defendants...

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