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Justia Daily Opinion Summaries

US Court of Appeals for the Eighth Circuit
January 30, 2020

Table of Contents

Holbein v. Baxter Chrysler Jeep, Inc.

Civil Procedure, Labor & Employment Law

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US Court of Appeals for the Eighth Circuit Opinions

Holbein v. Baxter Chrysler Jeep, Inc.

Docket: 18-2892

Opinion Date: January 29, 2020

Judge: Raymond W. Gruender

Areas of Law: Civil Procedure, Labor & Employment Law

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.

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