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.
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