Wednesday, June 12, 2019

Motion To Remand Denied After Federal Court Finds that Complete Diversity Exists

The standards for a federal court Motion to Remand a Case were recently addressed in the matter of Gentry v. Sikorsky Aircraft Corp., No. 15-1326 (E.D. Pa. April 22, 2019 Pratter, J.).   According to the Opinion, the corporate Defendants in this matter removed the case from Pennsylvania state court where the Defendants were citizens of Delaware and Connecticut and had complete diversity from the Plaintiff, who was a citizen of Tennessee, and were all of the real and substantial Defendants to the action had consented to the removal. 

The Plaintiff had filed a Motion for Remand which was denied.   The court found that there was complete diversity between the parties such that the removal was proper.  As such, the Plaintiff’s Motion to Remand was denied.  

Anyone wishing to review a copy of court's Opinion in this case may click this LINK.  

Source: “Digest of Recent Cases.”  The Legal Intelligencer (Online Edition) (May 23, 2019).

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