Thatcher v. Hanover Ins. Group, Inc., et al., No. 11-1610 (8th Cir. 2011)
Annotate this CasePlaintiff filed a putative class action in Arkansas state court against defendants, asserting causes of action for unjust enrichment, fraud, constructive fraud, and breach of contract. After defendants removed the case to federal district court pursuant to the Class Action Fairness Act (CAFA), 28 U.S.C. 1332(d), plaintiff sought permission to voluntarily dismiss his case without prejudice so that he could refile an amended complaint in state court that would avoid federal jurisdiction. The district court granted plaintiff's voluntary motion to dismiss without prejudice. Defendants appealed, arguing that the district court should have considered whether the motion to voluntarily dismiss was an improper forum-shopping measure. The court agreed and reversed the court's dismissal, remanding for consideration of the issue.
Court Description: Civil case - Civil procedure. Where the district court granted a motion to voluntarily dismiss without first addressing whether the motion was an improper forum-shopping measure, the case must be remanded to permit the district court to determine whether it has subject matter jurisdiction; after the court makes the determination, it can consider whether dismissal without prejudice is appropriate, taking into consideration whether the motion to voluntarily dismiss is a forum-shopping measure; if the court determines it lacks subject matter jurisdiction, it should remand the case to state court.
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