Friday, December 27, 2013

Randazzo v. Eagle-Picher Industries, Inc. case brief

Randazzo v. Eagle-Picher Industries, Inc. case brief summary
117 F.R.D. 557 (E.D. Pa. 1987)

CASE SYNOPSIS
In plaintiff's asbestos case against defendants, first corporation and second corporation, plaintiff filed an amended complaint after the court dismissed the original complaint for being jurisdictionally deficient.

DISCUSSION

  • The court dismissed the original complaint because the complaint failed to show complete diversity and was jurisdictionally deficient. 
  • Plaintiff filed an amended complaint. 
  • The court dismissed the amended complaint because it was jurisdictionally deficient. 
  • The court found that the amended complaint failed to properly allege the principal place of business of first defendant because it only made reference to the location of first defendant's registered office. 
  • It also found that plaintiff failed to allege in the amended complaint the principal place of business of second defendant or its state of incorporation because the amended complaint only made reference to the location of second defendant's domicile.

CONCLUSION
The court dismissed the amended complaint in plaintiff's asbestos case with prejudice as to both defendants because the amended complaint failed to show complete diversity.

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