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Thursday, May 23, 2013

Ind. Decisions - 7th Circuit decides one "Indiana" case today

In TOMMY L. MORRIS v. SALVATORE NUZZO (SD Ind., Barker), a 29-page opinion, Judge Zagel (Northern District of Illinois, Eastern Division, sitting by designation) writes:

The United States District Court for the Southern District of Indiana (the “district court”) dismissed the claims of Tommy L. Morris, personal representative of the Estate of Thomas Lynn Morris (the “Estate”) against Salvatore Nuzzo (“Nuzzo”). The lawsuit, originally filed in the Trumbull County Common Pleas Court of the State of Ohio, was removed to the United States District Court for the Northern District of Ohio, and finally was transferred to the district court in Indianapolis. Because we find that that the district court erred in its determination that Nuzzo was fraudulently joined, we will vacate the judgment of dismissal and remand to the district court with instructions that the case be further remanded to the Trumbull County Common Pleas Court of Ohio.

Posted by Marcia Oddi on May 23, 2013 01:14 PM
Posted to Ind. (7th Cir.) Decisions