Case of the Day: Navarro v. Tufesa USA

The case of the day is Navarro v. Tufesa USA LLC (D. Utah 2019). Plasida Navarro, a Mexican national residing in Utah (it brought an action in the Utah state courts aganst Tufesa, an LLC with its principal place of business in Arizona and a “John Doe” defendant, whose citizenship was unknown. Tufesa filed a notice of removal on grounds of diversity. Navarro moved for leave to amend the complaint and to replace the “John Doe” defendant with Abundio Guadalupe Miranda, a Mexican national. Tufesa did not object. But later, the court and the parties discovered that the addition of Miranda destroyed diversity jurisdiction, because there is no diversity jurisdiction when aliens are both plaintiffs and defendants. Navarro moved to remand the case to the state court, but Tufesa resisted the motion on the grounds that Navarro had not effected service of process on Miranda and that her attempts to serve him were insufficient because they were contrary to the Hague Service Convention. (more…)

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Case of the Day: Moore v. Toyota

The case of the day is Moore v. Toyota Motor Corp. (E.D. La. 2017). It’s a simple case, but judge Sarah Vance gets everything right. The plaintiff, Robert Moore, alleged that his Toyota Corolla had a defective airbag, and that he was injured by the airbag when he was involved in an accident in 2016. He first sued in the Louisiana state court, naming several defendants. The defendants who had been served with process removed the case to the District Court. At that time, Toyota Motor Corp. had not yet been served. After the removal, Moore’s counsel sought to serve process on Toyota in Japan by mail. Toyota moved to dismiss for insufficient service of process.

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