Legal Opinion

Owens v. Life Ins. Co. of Georgia

District Court, M.D. Alabama

Decided October 28, 2003No. Civil Action 03-F-870-NPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

AND ORDER

FULLER, District Judge.

This cause is now before the court on the plaintiffs motion to remand (Doc. # 6). Defendants oppose the motion on the basis that the only non-diverse defendant has been fraudulently joined (Doc. # 8). After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that subject matter jurisdiction is not absent in this case. Accordingly, the court concludes that Plaintiffs motion to remand is due to be DENIED.

I. FACTUAL BACKGROUND

On July 17, 2003, this action was commenced by the plaintiff,…

2Cases cited29 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Strawbridge v. CurtissSupreme Court of the United States · 1806
  3. Jacqueline Burns v. Windsor Insurance Co.Court of Appeals for the Eleventh Circuit · 1994
  4. Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
  5. Tapscott v. MS Dealer Service Corp.Court of Appeals for the Eleventh Circuit · 1996

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3Cited by10 opinions

  1. Russell Petroleum Corp. v. Environ Products, Inc.District Court, M.D. Alabama · 2004
  2. Waldrup v. Hartford Life InsuranceDistrict Court, N.D. Alabama · 2008
  3. Williams v. CNH AMERICA, LLCDistrict Court, M.D. Alabama · 2008
  4. Summerlin v. Shellpoint Mortgage ServicesDistrict Court, N.D. Alabama · 2016
  5. Davis Ex Rel. Estate of Davis v. General Motors Corp.District Court, M.D. Alabama · 2005

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