Jackson ex rel. Flynn v. Cooper Tire & Rubber Co.
57 F. Supp. 3d 863
M.D. Tenn.2014Background
- Wrongful-death suit by mother on behalf of her minor son, Amari Flynn, who died after being ejected in a 2002 Ford Explorer rollover in Cullman County, Alabama; the vehicle had a Cooper Tire left rear tire alleged to have suffered tread separation.
- Defendants: Cooper Tire, Ford, and Amari’s father/driver, Carlton Flynn. Plaintiff and Carlton were Tennessee residents at time of death (plaintiff later alleged Georgia residency for herself).
- Cooper Tire and Ford removed the case to federal court based on diversity, alleging Carlton was fraudulently joined despite his Tennessee citizenship, which destroys complete diversity.
- Plaintiff moved to remand, arguing lack of diversity and that Tennessee notice-pleading (not federal Twombly/Iqbal) should govern assessment of Carlton’s joinder; alternatively contended Alabama Guest Statute argument (if Alabama law applied).
- Court applied the Sixth Circuit fraudulent-joinder standard, determined whether there was a "colorable" Tennessee claim against Carlton; found Tennessee law permits passenger suits against drivers (parental immunity abrogated in Tennessee) and the complaint pleaded facts sufficient to be colorable.
- Conclusion: remand granted to Tennessee state court because joinder of Carlton was not fraudulent and complete diversity did not exist.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal court has diversity jurisdiction given non‑diverse defendant Carlton Flynn | Remand: no diversity because plaintiff and Carlton are both Tennessee residents; Tennessee notice‑pleading supports claimant | Removal: Carlton was fraudulently joined; no colorable claim against him so his citizenship should be disregarded | Held: No diversity — Carlton not fraudulently joined; remand granted |
| Pleading standard for fraudulent‑joinder inquiry | Apply Tennessee notice pleading (more liberal) | Apply federal Twombly/Iqbal plausibility standard | Held: Court declines to apply federal 12(b)(6) standard; uses Sixth Circuit fraudulent‑joinder inquiry and gives plaintiff the benefit of doubt (colorable claim standard) |
| If Alabama substantive law applies, whether parental immunity bars claims against Carlton | Plaintiff argued Tennessee pleading alternative; also contended Alabama Guest Statute doesn’t bar wanton claim | Defendants argued Alabama parental immunity bars claims by unemancipated minor against parent | Held: If Alabama law governs, parental immunity would bar claims; but court did not decide choice of law — resolved on Tennessee law alternative |
| Whether complaint sufficiently alleges driver negligence/wantonness against Carlton (i.e., plausibly or colorably) | Alleged Carlton negligently/wantonly operated vehicle causing Amari’s death; alternative product‑defect allegations do not preclude driver liability | Defendants said allegations are conclusory and fail federal pleading standard | Held: Under colorable‑claim standard, allegations are sufficient to predict Tennessee law might impose liability; claim against Carlton is colorable |
Key Cases Cited
- Jerome‑Duncan, Inc. v. Auto‑By‑Tel, L.L.C., 176 F.3d 904 (6th Cir. 1999) (fraudulent joinder doctrine and diversity‑jurisdiction principles)
- Coyne v. Am. Tobacco Co., 183 F.3d 488 (6th Cir. 1999) (nondiverse defendant’s citizenship may be disregarded only if fraudulently joined)
- Alexander v. Elec. Data Sys. Corp., 13 F.3d 940 (6th Cir. 1994) (colorable‑cause/arguably reasonable basis standard for fraudulent joinder)
- Triggs v. John Crump Toyota, Inc., 154 F.3d 1284 (11th Cir. 1998) (fraudulent joinder discussion cited by courts)
- Mitchell v. Davis, 598 So.2d 801 (Ala. 1992) (Alabama parental immunity doctrine)
- Broadwell by Broadwell v. Holmes, 871 S.W.2d 471 (Tenn. 1994) (Tennessee abrogation of parental immunity)
- Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422 (Tenn. 2011) (Tennessee rejection of Twombly/Iqbal; endorsing liberal notice pleading)