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NO. 67,696 Judges: MCDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur OUTCOME: The court affirmed the dismissal of appellant condominium owner's lawsuit against appellee condominium association because appellant was required to submit to arbitration prior to filing the lawsuit and because appellant was required to file a complaint in court for a trial de novo within 30 days of the arbitrator's written decision. how to become smarter in school can you increase your intelligence 589 So. 2d 294::Allen v. Hinson::October 23, 1991
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OVERVIEW: The representative filed a lawsuit against the corporation and the officer in which she sought to recover for the work-related death of her husband. The corporation removed the case to federal court on the basis that the officer was fraudulently joined for the purposes of defeating jurisdiction, thus complete diversity of citizenship of the parties, which was required by 28 U.S.C.S. § 1332(a)(1), was lacking. The representative argued that officer individually owed a duty to the husband to provide a safe workplace. The corporation countered that there was no reasonable basis by which to impose liability upon the officer under state law. The court denied the motion. Where state law provided no reasonable basis on which to impose liability upon a non-diverse defendant, the joinder of such a party was deemed fraudulent and did not defeat diversity for federal jurisdiction purposes. Under state law, personal participation in a tortious act by a corporate officer was required for the imposition of personal liability. Because the representative did not claim that the officer personally participated in the events giving rise to the accident, the officer was fraudulently joined. type 6 ffl requirements federal firearms license wisconsin Get ffl dealers cincinnati ohio
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