Burnside Terminal, A Division of Ormet Corp. v. SSM Carbon, A Division of SSM Coal North America, Inc.

RULING ON THE PLAINTIFF’S MOTION TO REMAND AND THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

POLOZOLA, District Judge.

The interesting issue involved in the pending motions before the Court is whether the plaintiff’s cashing of the defendant’s check, which was for less than the full amount due, constituted “accord and satisfaction” under Louisiana law. The plaintiff, Burnside Terminal (Burnside), filed a motion to remand based on lack of subject matter jurisdiction. The defendant, SSM Carbon (SSM), filed a motion for summary judgment. Both parties filed opposition to the respective motions.

I.…