Christen Wesley v. Sam’s West, Inc., d/b/a Sam’s Club, Wanda Koonce, and David Heaton

Summary

The United States District Court for the Southern District of Illinois granted Plaintiff Christen Wesley’s motion to remand a slip-and-fall negligence action to Illinois state court. The court held that the nondiverse individual defendants were not fraudulently joined because Plaintiff had a reasonable possibility of establishing negligence claims against them under Illinois law, defeating complete diversity. The court denied attorney’s fees and costs, denied the defendants’ motion to dismiss as moot, and ordered the case remanded to the Circuit Court of St. Clair County, Illinois.

Holdings

1. Koonce and Heaton were not improperly or fraudulently joined because Defendants failed to show that Wesley had no reasonable possibility of success against them under Illinois negligence law.
2. Because Koonce and Heaton were Illinois citizens and were not improperly joined, complete diversity was absent and the federal court lacked subject-matter jurisdiction.
3. Even if Wesley were a Louisiana citizen and complete diversity otherwise existed, removal would still be improper because Illinois defendants were properly joined and served and were citizens of the forum state.
4. Wesley was not entitled to attorney’s fees and costs because Defendants had an objectively reasonable, colorable basis for removal.

Questions Presented

1. Whether Koonce and Heaton were improperly or fraudulently joined so that their Illinois citizenship could be disregarded for diversity jurisdiction.
2. Whether complete diversity existed under 28 U.S.C. § 1332 and whether removal was proper under 28 U.S.C. § 1441.
3. Whether the forum-defendant rule independently barred removal if Wesley were a Louisiana citizen.
4. Whether Wesley was entitled to attorney’s fees and costs under 28 U.S.C. § 1447(c).

Disposition

remanded