Ehrenreich v. Black
994 F. Supp. 2d 284
E.D.N.Y2014Background
- Defendants Black removed the case from New York Supreme Court to federal court more than one year after commencement.
- Plaintiffs Ehrenreich and others sued in Kings County, NY; Parikas was a co-defendant with allegedly intoxicated driving.
- Parikas’s dismissal from the action occurred on December 4, 2013, after partial summary judgment in state court.
- Defendants filed a Notice of Removal on December 17, 2013, asserting diversity jurisdiction.
- Plaintiffs argued for remand under 28 U.S.C. § 1446(c)(1) due to the one-year removal limit; Defendants argued bad-faith/fraudulent joinder as exceptions.
- The court remands to New York Supreme Court, finding no bad faith or fraudulent joinder and that the one-year limit bars removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal was timely under § 1446(c)(1). | Ehrenreich | Black | Removal improper; one-year limit applicable |
| Whether the bad faith exception to the one-year limit applies. | Plaintiffs argue no bad faith. | Black argues bad faith to evade removal. | Bad faith exception not shown; remand required |
| Whether fraudulent joinder doctrine supports removal despite non-diverse party. | Plaintiffs contend Parikas could have claims; not fraudulent joinder. | Black argues no possibility of claims against Parikas. | No clear evidence of fraudulent joinder; not sufficient to defeat remand |
| Whether New York rear-end collision law allows recovery against Parikas. | Plaintiffs allege Parikas was intoxicated and negligent. | Defendants argue limitations on liability. | Issues of fact remain; not dispositive to avoid remand |
Key Cases Cited
- Pampillonia v. RJR Nabisco, Inc., 138 F.3d 459 (2d Cir.1998) (fraudulent joinder standard; no possibility of recovery bars removal)
- Hill v. Delta International Mach. Corp., 386 F.Supp.2d 427 (S.D.N.Y.2005) (bad-faith/strategic gamesmanship extensions to removal period)
- Arno v. Costa Line, Inc., 589 F.Supp. 1576 (E.D.N.Y.1984) (ultimate failure to obtain judgment immaterial to fraudulent joinder)
- Carhuayano v. J & R Hacking, 28 A.D.3d 413, 813 N.Y.S.2d 162 (N.Y. App.Div.2006) (rear-end collision presumption; issues of fault for front driver still at issue)
- Gaeta v. Carter, 6 A.D.3d 576, 775 N.Y.S.2d 86 (N.Y. App.Div.2004) (front driver duty and comparative fault considerations in rear-end collisions)