Holbein v. Baxter Chrysler Jeep, Inc., No. 18-2892 (8th Cir. 2020)
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The Eighth Circuit vacated the district court's dismissal of plaintiff's amended complaint against TAW Enterprises, alleging that TAW retaliated against plaintiff in contravention of public policy established by the Gramm-Leach-Bliley Act and breached its employment contract with plaintiff.
The court held that neither this court or the district court could properly exercise subject matter jurisdiction over this action because removal premised on diversity jurisdiction would violate the forum-defendant rule, a jurisdictional defect in this circuit, and plaintiff's amended complaint did not present a federal question. Accordingly, the court remanded with instructions to the district court to remand the case to state court.
Court Description: [Gruender, Author, with Kelly and Erickson, Circuit Judges] Civil case - Civil Procedure. In action alleging defendant retaliated against plaintiff in contravention of public policy and breached its employment agreement with him, defendant removed the matter to federal court, and the district court dismissed the action. Held: neither this court nor the district court could properly exercise subject-matter jurisdiction over the action because removal premised on diversity jurisdiction would violate the forum-defendant rule, a jurisdictional defect in this circuit, and plaintiff's amended complaint does not present a federal question. The district court's judgment is vacated, and the matter is remanded with directions to remand the matter to state court.
The court issued a subsequent related opinion or order on December 30, 2020.
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