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DOE v. BLAIR

No. 15-1211.

819 F.3d 64 (2016)

Jane DOE #1, a minor, by her next friends and guardians, Ben and Kelly Houdersheldt; Ben Houdersheldt; Kelly Houdersheldt; Jane Doe #2, a minor, by her next friends and guardians, Ben and Kelly Houdersheldt, Plaintiffs-Appellees, v. Matt BLAIR, an individual; Res-Care, Inc., a foreign company, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: March 21, 2016.

Attorney(s) appearing for the Case

ARGUED: Edward Taylor George , MacCorkle Lavender, PLLC, Charleston, West Virginia, for Appellants. Erwin Leon Conrad , Conrad & Conrad, PLLC, Fayetteville, West Virginia, for Appellees. ON BRIEF: Michael E. Mullins , MacCorkle Lavender, PLLC, Charleston, West Virginia, for Appellant Matt Blair. John P. Fuller , Suleiman O. Oko-ogua , Bailey & Wyant, PLLC, Charleston, West Virginia, for Appellant Res-Care, Inc. Jamison T. Conrad , Conrad & Conrad, PLLC, Fayetteville, West Virginia; Thomas A. Rist , Rist Law Offices, Fayetteville, West Virginia, for Appellees.

Reversed and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge SHEDD and Judge BIGGS joined.

This appeal challenges the district court's sua sponte order remanding the underlying case to state court. The district court determined that federal diversity jurisdiction had not been established because the removing defendant — a corporation — failed to allege its principal place of business. Defendants...

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