Beruj Huseyin, Individually and as Personal Representative of the Estate of Fatma Abdullah Ahmed, et al. v. Tradition Transportation Company, LLC and Bryant Egenlauf

Summary

The United States District Court for the Eastern District of Pennsylvania granted Plaintiffs’ motion to remand a wrongful-death action removed on diversity grounds. The court held that service on the Pennsylvania defendant was sufficient for purposes of the forum-defendant rule under 28 U.S.C. § 1441(b)(2), despite the Notice to Defend appearing at the end rather than the beginning of the complaint. The court denied Plaintiffs’ request for attorneys’ fees because Defendants’ removal position was objectively reasonable in an unsettled area of Pennsylvania law.

Holdings

1. Service on Egenlauf was proper despite the Notice to Defend appearing at the end of the complaint because defendants did not establish prejudice resulting from its placement.
2. Removal was barred because the Pennsylvania defendant was properly joined and served before removal; the case therefore had to be remanded.
3. Plaintiffs were not entitled to attorneys' fees because defendants had an objectively reasonable, colorable basis for removal in an unsettled area of Pennsylvania law.

Questions Presented

1. Whether placing Pennsylvania's required Notice to Defend at the end of the complaint, rather than at its beginning, rendered service improper for purposes of the forum-defendant rule.
2. Whether the Pennsylvania defendant was properly joined and served before removal, thereby barring removal under 28 U.S.C. § 1441(b)(2).
3. Whether plaintiffs were entitled to attorneys' fees and costs under 28 U.S.C. § 1447(c) after remand.

Disposition

remanded