Cumpian v. Alcoa World Alumina, LLC, No. 17-40825 (5th Cir. 2018)Annotate this Case
The Fifth Circuit vacated the district court's summary judgment dismissal of plaintiff's action for negligence against three defendants. The court held that the district court erred by denying the motion to remand this action to state court due to the absence of diversity jurisdiction. In this case, plaintiff stated a claim upon which relief could be granted and it was Alcoa's burden to negate the possibility that PMIC's negligence contributed to plaintiff's injuries. The court held that PMIC was not improperly joined and the parties were not completely diverse.