832 F. Supp. 2d 490
E.D. Pa.2011Background
- Decedents Mark Yellen and Paula Moffett died in a 2010 aviation accident involving a privately owned aircraft.
- Plaintiffs, Tennessee citizens, sued eight defendants in Pennsylvania state court for wrongful death and related claims.
- Defendants removed the action to federal court asserting federal question or diversity jurisdiction, and arguing forum defendant rule applicability.
- Plaintiffs moved to remand, seeking costs and fees incurred due to removal; defendants opposed remand.
- Court examined federal question jurisdiction under Grable and Abdullah, and the forum defendant rule under 28 U.S.C. § 1441(b).
- Court granted remand to state court and awarded fees to plaintiffs, finding no federal question and addressing fraudulent joinder under the forum rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal question jurisdiction exists | Plaintiffs contend no federal question; state-law claims predominate. | Defendants argue FAA/FARs raise federal issue; Grable framework applies. | No federal question jurisdiction; remand proper. |
| Whether forum defendant rule requires remand | Forum defendants not truly diverse; removal should stand. | Fraudulent joinder defeats forum rule; otherwise diversity removal valid. | Forum defendant rule mandates remand; fraudulent joinder extension applies. |
| Whether fraudulent joinder doctrine extends to forum defendant rule | N/A | Asserts non-diverse Pennsylvania defendants were fraudulently joined to defeat removal. | Fraudulent joinder doctrine extended to forum defendant rule; removal improper. |
| Whether plaintiffs are entitled to fees/costs under § 1447(c) | Removal was improper; costs and attorney fees appropriate. | Fees should be limited or denied if basis reasonable. | Fees awarded; costs and attorney fees to be petitioned; shared by Teledyne and Cirrus. |
Key Cases Cited
- Abdullah v. American Airlines, Inc., 181 F.3d 363 (3d Cir. 1999) (federal preemption coexists with state remedies in aviation)
- Grable & Sons Metal Prods., Inc. v. Dante Eng’g & Mfg., 545 U.S. 308 (S. Ct. 2005) (establishes narrow federal-question jurisdiction analysis)
- McVeigh v. Empire HealthChoice Assur., Inc., 547 U.S. 677 (S. Ct. 2006) (limits Grable to a small category of cases with substantial federal issue)
- In re Briscoe, 448 F.3d 201 (3d Cir. 2006) (fraudulent joinder exception to removal for diversity cases)
- JEVIC, 575 F.3d 112 (3d Cir. 2009) (extends fraudulent joinder theory to forum-defendant context)
- Trackwell Sales Corp., 66 F.3d 48 (3d Cir. 1995) (forum defendant rule and remand principle)