Defendant's Attorney: William Todd McKee

Description: Tulsa, Oklahoma personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have been injured and/or damaged in a semi-tractor-trailer car wreck caused by Maher's failure to exercise due care in the operation of his truck.

On November 16, 2021, Plaintiffs were passenger in a personal truck being driven on U.S. 69 headed toward Muskogee, Oklahoma. Plaintiffs' vehicle was struck from behind by a semi-tractor trailer truck driven by Mike Maher.

This case was filed in the District Court, Tulsa County, Oklahoma, case number cj-23-01673, and was removed to federal court.

Plaintiff challenged the jurisdiction of the federal court and sought remand.

Diversity of citizenship jurisdiction is a concept in United States federal law that grants federal courts the power to hear certain lawsuits even though they do not involve a federal question. In simpler terms, it allows individuals from different states to sue each other in federal court even if the case doesn't involve federal laws or the US government.

Here are the key elements of diversity of citizenship jurisdiction:

Requirements:

Complete Diversity: All plaintiffs must be from different states than all defendants.
Amount in Controversy: The amount of money in dispute must exceed $75,000, excluding interest and costs.
Citizenship: Citizenship is determined by domicile, not where someone lives temporarily or for school. Corporations are considered citizens of the state where they are incorporated and the state where their principal place of business is located.

Benefits:

Neutrality: It is believed that federal courts can provide a more neutral forum for disputes between citizens of different states, free from any bias from state courts.
Uniformity: Federal courts apply federal rules of procedure and evidence, which promotes consistency and predictability in legal outcomes.

Limitations:

Limited Subject Matter: Diversity jurisdiction only applies to civil cases, not criminal cases. Additionally, certain types of civil cases, such as those involving personal injury claims or domestic relations, are generally excluded from diversity jurisdiction.
Amount in Controversy Threshold: The $75,000 threshold can limit access to federal courts for some plaintiffs with smaller claims.

Recent Developments:

Class Action Fairness Act: This 2005 law expands diversity jurisdiction to certain class action lawsuits, even if the amount in controversy per individual party is less than $75,000.
Proposals for Reform: There have been some proposals to abolish or limit diversity jurisdiction, arguing that it creates an unnecessary workload for federal courts and that state courts are equally capable of handling these cases.

Here are some additional resources that you may find helpful:

28 U.S.C. § 1332: The federal statute that codifies diversity jurisdiction.
Cornell Law School Legal Information Institute: https://www.law.cornell.edu/uscode/text/28/1332
American Bar Association: https://www.americanbar.org/

Outcome: Motion to remand granted. 12/13/2023 20 MINUTE ORDER by Court Clerk re: remand (dla, Dpty Clk) (Entered: 12/13/2023)

Plaintiff's Experts:

Defendant's Experts:

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