Summary
The United States District Court for the Southern District of Ohio granted the plaintiff’s motion to remand a personal injury action to the Court of Common Pleas of Clark County, Ohio. The court held that complete diversity was lacking because the decedent, whose citizenship governed the estate representative’s citizenship, and the defendants were all citizens of Ohio.
Holdings
- Complete diversity did not exist because the estate representative is deemed to be a citizen of the same state as the decedent under 28 U.S.C. § 1332(c)(2), and the decedent was an Ohio citizen while the defendants were also Ohio citizens.
- The motion to remand was granted, and the case was remanded to the Court of Common Pleas of Clark County, Ohio because the federal court lacked subject matter jurisdiction.
Questions Presented
- Whether the federal court had diversity subject matter jurisdiction over an action brought by an estate representative when the decedent and defendants were all citizens of Ohio.
- Whether the action should be remanded to the Ohio Court of Common Pleas for lack of complete diversity.
Disposition
remanded
Cases Cited (7)
- Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 377 (1994)(followed)
- Home Depot U.S.A., Inc. v. Jackson, 587 U.S. 435, 437 (2019)(followed)
- Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 701 (1982)(followed)
- Eastman v. Marine Mechanical Corp., 438 F.3d 544, 549 (6th Cir.)(followed)
- Naji v. Lincoln, 665 F. App'x 397, 400 (6th Cir.)(followed)
- Varsity Brands, Inc. v. Star Athletica, LLC, 799 F.3d 468, 494 (6th Cir. 2015)(followed)
- Star Athletica, L.L.C. v. Varsity Brands, Inc., 580 U.S. 405 (2017)(noted)
Cited In (0)
No citing cases on record yet.
Court Document
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