Sellers v. Bolttech Mannings, Inc.
1:13-cv-00098
S.D. Ala.May 23, 2013Background
- Sellers filed suit in Mobile County Circuit Court seeking damages for electrocution injuries while welding at VT Halter Shipbuilding in Mississippi.
- Sellers named Bolttech Manning, Inc. and Allan Long (and fictitious parties) as defendants; service on Long and Bolttech occurred in February 2013.
- Bolttech removed the case to federal court under 28 U.S.C. §§ 1441 and 1446, asserting complete diversity and amount in controversy over $75,000.
- Sellers moved to remand, arguing lack of demonstrated diversity and uncertainty about the amount in controversy.
- The court addressed fictitious-party and fraudulent-joinder issues, and evaluated the amount in controversy using damages alleged and evidence of past/future medical costs and lost wages.
- The magistrate judge recommended denying the motion to remand, finding no fraudulent joinder and that the amount in controversy exceeded the threshold.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fictitious defendants are disregarded for diversity. | Fictitious defendants may be nonresident and still affect jurisdiction. | § 1441(b)(1) requires disregarding fictitious-name defendants for diversity. | Fictitious defendants are to be disregarded; diversity remains intact. |
| Whether Allan Long was fraudulently joined to defeat diversity. | Long could have been involved given his managerial role. | Long had no duties related to the heater and no involvement in the alleged tort; joinder is fraudulent. | Long was fraudulently joined; his citizenship disregarded for removal purposes. |
| Whether the amount in controversy exceeds the jurisdictional threshold. | Future medical costs and lost wages may be limited; amount may be under $75,000. | Damages including past/future medical, pain and suffering, and lost wages exceed $75,000. | The amount in controversy exceeds $75,000; removal proper. |
Key Cases Cited
- Wilson v. General Motors Corp., 888 F.2d 779 (11th Cir. 1989) (discusses fraudulent joinder and removal principles)
- Crowe v. Coleman, 113 F.3d 1536 (11th Cir. 1997) (fraudulent joinder standard and evidence considerations)
- Legg v. Wyeth, 428 F.3d 1317 (11th Cir. 2005) (need for arguable state-law claim to avoid removal; undisputed affidavits limit against plaintiffs)
- Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744 (11th Cir. 2010) (standard for amount in controversy and facially apparent jurisdiction)
- Roe v. Michelin North America, Inc., 613 F.3d 1058 (11th Cir. 2010) (judicial experience and common sense may be used to assess jurisdiction)