context: Finally, to the extent the Court considers these legal determinations "close calls," the law regarding whether remand provides guidance to courts considering "close-calls." That is, where there is any doubt, the court should resolve the matter in favor of the plaintiff and for remand.
citation_a.signal: see also
citation_a.parenthetical: finding presumption in favor of remand where issue is close
citation_a.sentence: Hartley v. CSX Transp., Inc., 187 F.3d 422, 425 (4th Cir.1999) (finding that all questions as to removal must be resolved in the favor of the plaintiff and state court jurisdiction); see also Branch v. Coca-Cola Bottling Co., 83 F.Supp.2d 631, 632 n. 3, 635 (D.S.C.2000) (finding presumption in favor of remand where issue is close). For these reasons and relying on the McCormick opinion from this District, the plaintiffs motion for remand is hereby GRANTED.
citation_b.signal: no signal
citation_b.identifier: 187 F.3d 422, 425
citation_b.parenthetical: finding that all questions as to removal must be resolved in the favor of the plaintiff and state court jurisdiction
citation_b.sentence: Hartley v. CSX Transp., Inc., 187 F.3d 422, 425 (4th Cir.1999) (finding that all questions as to removal must be resolved in the favor of the plaintiff and state court jurisdiction); see also Branch v. Coca-Cola Bottling Co., 83 F.Supp.2d 631, 632 n. 3, 635 (D.S.C.2000) (finding presumption in favor of remand where issue is close). For these reasons and relying on the McCormick opinion from this District, the plaintiffs motion for remand is hereby GRANTED.