Terrebonne Homecare, Inc. v. SMA Health Plan, Inc.,
No. 00-31145 (5th Cir. Oct. 17, 2001)

A home health agency brought a state antitrust suit against a medical center, alleging that it conspired with its partially-owned HMO to terminate it as a preferred provider and to favor another home health agency that was owned by the medical center. The medical center sought to have the claim removed to federal court. It claimed that the home health agency artfully pled a federal antitrust claim as a state antitrust question.

The district court agreed with the medical center and refused to remand the case to the state court. It then granted summary judgment and dismissed all of the claims against the medical center. The Fifth Circuit Court of Appeals reversed, finding that the artful pleading doctrine did not apply because federal antitrust law does not completely preempt state antitrust law. Thus removal to federal court was inappropriate.