Defendants Remove Actions Against Discredited Surgeon to Federal Court
A few days ago, I wrote that John King, the discredited surgeon who practiced at Putnam General Hospital, had filed his bankruptcy schedules, which showed that his only asset is a 1993 Volvo with a value of $500.
I understand that counsel for some of the plaintiffs in the medical malpractice actions against King had already moved the Circuit Court of Putnam County to lift the stay imposed by King's bankruptcy and had scheduled a hearing for December 20. Last week, though, the defendants removed several of the actions to federal court on the grounds that claims or causes of action related to a pending bankruptcy case may be removed pursuant to 28 U.S.C. § 1452(a). Here are the removal petition and an exhibit that have been filed in one of the cases against King.
At this point, the plaintiffs' remedy is to move to remand the actions to state court. That motion must be filed within 30 days of the filing of the removal petition, unless the basis for the motion is that the federal court lacks subject matter jurisdiction, which may be raised at any point prior to final judgment.
I noticed that in King's bankruptcy petition and his schedules, he identified himself as John King, and not as Christopher Wallace Martin, which has been his name since he legally changed it in 2006. But according to Paul J. Nyden's story in the Sunday Gazette-Mail, King has changed his name back to John Anderson King, based on a November 14 filing in the Jefferson County (Alabama) Probate Court. Apparently, King did not give any reason for this change, unlike the one last year, which he claimed was necessary because he was the victim of identity theft perpetrated by a former co-worker.
I understand that counsel for some of the plaintiffs in the medical malpractice actions against King had already moved the Circuit Court of Putnam County to lift the stay imposed by King's bankruptcy and had scheduled a hearing for December 20. Last week, though, the defendants removed several of the actions to federal court on the grounds that claims or causes of action related to a pending bankruptcy case may be removed pursuant to 28 U.S.C. § 1452(a). Here are the removal petition and an exhibit that have been filed in one of the cases against King.
At this point, the plaintiffs' remedy is to move to remand the actions to state court. That motion must be filed within 30 days of the filing of the removal petition, unless the basis for the motion is that the federal court lacks subject matter jurisdiction, which may be raised at any point prior to final judgment.
I noticed that in King's bankruptcy petition and his schedules, he identified himself as John King, and not as Christopher Wallace Martin, which has been his name since he legally changed it in 2006. But according to Paul J. Nyden's story in the Sunday Gazette-Mail, King has changed his name back to John Anderson King, based on a November 14 filing in the Jefferson County (Alabama) Probate Court. Apparently, King did not give any reason for this change, unlike the one last year, which he claimed was necessary because he was the victim of identity theft perpetrated by a former co-worker.
