Hamblin v. Walmart Inc.

Summary

The court grants Plaintiff Amy Hamblin’s motion to remand a wrongful-death action to the Circuit Court of Mobile County, Alabama. It concludes that Defendants failed to show by clear and convincing evidence that Leonard Witt was fraudulently joined, and therefore complete diversity jurisdiction was not established. The order permits objections within fourteen days before the case is remanded.

Holdings

1. Walmart did not prove by clear and convincing evidence that there was no possibility the plaintiff could establish negligence or wantonness claims against Witt. The complaint and competing evidence presented an arguable, reasonably possible basis for imposing liability on him under Alabama law.
2. The plaintiff's allegations presented a reasonably possible basis for negligence and wantonness claims against Witt under Alabama law.
3. Diversity jurisdiction did not exist because Witt was not shown to have been fraudulently joined and his nondiverse citizenship therefore could not be disregarded.

Questions Presented

1. Whether Leonard Witt was fraudulently joined because there was no possibility that the plaintiff could establish negligence or wantonness claims against him under Alabama law.
2. Whether the evidence established complete diversity sufficient to support federal subject matter jurisdiction.
3. Whether the action should be remanded to the Circuit Court of Mobile County, Alabama.

Disposition

remanded