Goodwin v. Reynolds, et al.

Plaintiffs filed suit in state court against defendants, alleging theories of negligence, vicarious liability, and premises liability. Although one defendant is a citizen of the forum state, two non-forum defendants removed the case to federal court before the forum defendant had yet been served. The district court granted plaintiff's motion to dismiss the case with prejudice under Rule 41(a)(2) so that plaintiff could refile in state court in such a manner as to irrefutably trigger the forum-defendant rule and preclude a second removal. The court concluded that the district court did not abuse its discretion and, assuming arguendo, that this case was removable, the court held that on the particular facts of the case defendants did not lose any substantial right by the dismissal. View "Goodwin v. Reynolds, et al." on Justia Law