BOHANAN v. ETHICON, INC.

Civil Action No. 17-CV-00608.

TERRY BOHANAN, v. ETHICON, INC., et. al.

United States District Court, W.D. Louisiana, Alexandria Division.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Product Liability
Nature of Suit: 367 Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Source: PACER


Attorney(s) appearing for the Case

Terry Bohanan, Plaintiff, represented by Lauren E. Godshall , Morris Bart.

Terry Bohanan, Plaintiff, represented by Betsy J. Barnes , Morris Bart.


JURISDICTIONAL REVIEW FINDINGS

JOSEPH H.L. PEREZ-MONTES, Magistrate Judge.

Before the Court is a Complaint filed in this Court by Plaintiff Terry Bahaman against Ethicon, Inc. and Johnson & Johnson. Bahaman premises federal jurisdiction on diversity of citizenship.

The diversity statute — 28 U.S.C. § 1332 — is satisfied upon a showing of: (1) diversity of citizenship between the parties; and (2) an amount in controversy in excess of $75,000, exclusive of interest and costs. "Complete diversity requires that all persons on one side of the controversy be citizens of different states than all persons on the other side." Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1079 (5th Cir. 2008) (internal citation and quotation omitted). Further, "when jurisdiction depends on citizenship, citizenship must be distinctly and affirmatively alleged." Getty Oil Corp., a Div. of Texaco, Inc. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988).

The Court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). This duty persists throughout all phases of the litigation, "even after trial and the entry of final judgment." Id. at 506-07.

The citizenship of an individual is his or her domicile, meaning the place where an individual resides and intends to remain. Abridge v. Evangelical Lutheran Good Samaritan Soc., 334 F.3d 444, 448 (fifth Cir. 2003). A corporation shall be deemed a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business. Tewari De-Ox Sys., Inc. v. Mountain States/Rosen, Ltd. Liab. Corp., 757 F.3d 481, 483 (5th Cir. 2014).

Plaintiff Bohanan is a citizen of Louisiana.

Plaintiff alleges that Defendant Johnson & Johnson is a corporation that was incorporated in New Jersey with its principal place of business in New Jersey.

Plaintiff alleges that Defendant Ethicon, Inc. was incorporated in New Jersey and has its principal place of business in New Jersey.

Accordingly, diversity jurisdiction is established. No further action is necessary at this time.


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