Listen to this post

On March 11, 2024, Liskow lawyers Kathryn Gonski and Melanie Derefinko secured the denial of a motion to remand on improper joinder grounds and the dismissal of an intentional tort claim against Methanex, a major Louisiana plant owner, in Knight v. Turner Industries Group, L.L.C., et al., No. 23-469 (M.D. La.).  The court’s rulings confirmed that conclusory allegations of intentional tort against an employer will not suffice to prevent the removal of an otherwise diverse action, nor can such allegations against non-employer defendants withstand Rule 12(b)(6) scrutiny.  Moreover, while the court allowed the plaintiff leave to amend as to the non-employers, it cautioned explicitly: “given the high bar involved with this claim, Plaintiff is reminded of his Rule 11 obligations.”  These rulings make clear that courts are taking a hard look at plaintiffs’ baseless attempts to plead around federal jurisdiction and are continuing to preclude inadequately pled claims from proceeding past the threshold pleading stage.     

Read the full post on Liskow’s Gulf Coast Business Law Blog here, and contact Kathryn Gonski and Melanie Derefinko for further questions regarding this topic.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney-client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Communications include firm news, insights, and events. To receive information from Liskow & Lewis, your information will be kept in a secured contact database. If at any time you would like to unsubscribe, please use the SafeUnsubscribe® link located at the bottom of every email that you receive.