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FERGISON v. VANDERHALL MOTORWORKS INC
4:25-cv-00146
M.D. Ga.
Jul 22, 2025
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Background

  • Plaintiff Kellie Fergison filed a wrongful death suit following her husband's fatal crash in a Vanderhall Venice vehicle, naming Vanderhall Motorworks, Hall Labs LLC (a Vanderhall shareholder/consultant), General Motors (module supplier), and Extreme Powersports (dealer) as defendants.
  • Hall Labs filed for bankruptcy in Utah after the lawsuit commenced, and Vanderhall removed the action to federal court citing bankruptcy jurisdiction.
  • Hall Labs also argued lack of personal jurisdiction in Georgia.
  • Plaintiff moved to sever claims against the bankrupt Hall Labs from those against the non-debtor defendants and sought a remand to state court.
  • Defendants Hall Labs and Vanderhall sought to transfer the entire action to federal court in Utah.
  • The court needed to address severance, remand, transfer, and abstention issues, balancing bankruptcy law and personal jurisdiction concerns.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Severance of Claims Claims against Hall Labs should be severed Severance not proper unless parties are misjoined Claims against Hall Labs severed from non-debtor defendants
Remand of Non-Debtor Claims Remand non-debtor claims to state court Non-debtor claims are related to Hall Labs' bankruptcy Claims against non-debtor defendants remanded to state court
Transfer of Hall Labs Claims Opposes transfer, seeks remand to state court Transfer to Utah appropriate under § 157(b)(5) Claims against Hall Labs transferred to Utah
Abstention Abstention mandatory/permissive under § 1334(c) Abstention does not apply Abstention denied—case transferred to Utah

Key Cases Cited

  • In re Lemco Gypsum, Inc., 910 F.2d 784 (11th Cir. 1990) (test for bankruptcy-related "related to" jurisdiction)
  • Coker v. Pan Am. Corp., 950 F.2d 839 (2d Cir. 1991) (transfer of personal injury claims in bankruptcy context)
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Case Details

Case Name: FERGISON v. VANDERHALL MOTORWORKS INC
Court Name: District Court, M.D. Georgia
Date Published: Jul 22, 2025
Citation: 4:25-cv-00146
Docket Number: 4:25-cv-00146
Court Abbreviation: M.D. Ga.