Lionel Richard v. BP Products North America, Inc., et al.

Summary

The United States District Court for the Eastern District of Louisiana considers Lionel Richard’s motion to remand a NORM-exposure lawsuit removed from state court on diversity-jurisdiction grounds. The court analyzes whether the Louisiana defendant, OFS, Inc., was improperly joined because it was allegedly defunct and unable to satisfy a judgment. Concluding that disputed facts regarding OFS’s corporate status prevented the removing defendants from meeting their heavy burden, the court determines that OFS’s Louisiana citizenship defeats complete diversity and that remand is required.

Holdings

1. The removing defendants failed to establish that OFS, Inc. was improperly joined because they did not show that Richard had no reasonable possibility of recovery against OFS.
2. Complete diversity was lacking because Richard and OFS, Inc. were both Louisiana citizens, and OFS was not improperly joined.
3. The motion to remand was granted, and the case was remanded to the 24th Judicial District Court for the Parish of Jefferson.

Questions Presented

1. Whether OFS, Inc., the nondiverse Louisiana defendant, was improperly joined so that its citizenship could be disregarded for purposes of diversity jurisdiction.
2. Whether disputed evidence concerning OFS's allegedly defunct corporate status established that Richard had no reasonable possibility of recovery against OFS.
3. Whether the court was required to remand because OFS's Louisiana citizenship defeated complete diversity.

Disposition

remanded