Fifth Circuit

A Toxic Decision is Reversed for Remand back to the State Court

By justicefortexas

Posted on December 7, 2018

In this toxic spill and personal injury claim, the plaintiff, Crumpian, appeals from a summary judgment dismissing his suit.We VACATE the judgment and REMAND with instructions that the district court remand the case to state court.

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SOUTHWICK, LESLIE H.

JONES, EDITH H.

CLEMENT, EDITH B.

In this toxic spill and personal injury claim, the plaintiff, Crumpian, appeals from a summary judgment dismissing his suit.

The threshold question presented is whether the district court properly denied the motion to remand this action to state court due to the absence of diversity jurisdiction.

There was error.

We VACATE the judgment and REMAND with instructions that the district court remand the case to state court.

Read full opinion