On May 17, 2018, Donise Carter filed a lawsuit in the Lake County Court of Common Pleas based on the death of her daughter, Dondrea Carter, who died under the care and treatment of the defendants. Despite the fact that the complaint made no federal claims and there was no basis for federal jurisdiction, the defendant removed the case to federal court.
In response, plaintiff filed to have the case returned to state court, where it belonged.
The court not only returned the case to state court, but ordered that defendants reimburse plaintiff for the time and expenses incurred responding to this waste of judicial time and resources. This sanction was necessary because the court found that it had been “objectively unreasonable” to remove the case to federal court.
This case, Carter v. Prime Health, is brought by Ms. Carter, with the help of her attorneys, Gerhardstein & Branch Co. LPA and Malik Law.