Eastus v. Blue Bell Creameries, L.P.
United States Court of Appeals for the Fifth Circuit
97 F.3d 100 (1996)
Greg Eastus (plaintiff), a longtime Blue Bell Creameries (defendant) salesperson, was fired days after returning from paternity leave and complaining about his company truck; when he later applied for other jobs, Blue Bell allegedly told prospective employers he was difficult and disloyal. Greg and his wife Paige (plaintiffs) sued in Texas state court alleging an FMLA violation, intentional infliction of emotional distress (IIED) tied to the termination, and tortious interference with prospective contractual relations tied to the disparaging post-employment statements; Blue Bell removed the case to federal court, and the district court retained the FMLA claim but remanded both state-law claims.
Whether, if a state-law claim involves substantially the same facts as a federal claim but is brought under a distinct legal theory, the state-law claim is "separate and independent" from the federal claim for purposes of remand.