April 15th, 2017
U.S. Court of Appeals for the Fifth Circuit Opinions
Alviar, Jr. v. Lillard
Opinion Date: April 14, 2017
Judge: Stephen Andrew Higginson
Areas of Law: Civil Procedure
Plaintiff filed suit against his former employer, Macy's, and his former supervisor, John Lillard, in state court. Macy's removed to federal court, plaintiff moved to remand, and Lillard moved to dismiss. The district court denied plaintiff's motion to remand, granted Lillard's motion to dismiss, and entered final judgment for Lillard under Federal Rule of Civil Procedure 54(b). Plaintiff alleged that defendants discriminated against him based on his PTSD condition. The court agreed with the district court that it had no reasonable basis to predict that plaintiff might be able to recover against Lillard for tortious interference because plaintiff failed to allege that Lillard was acting to serve his own personal interests. Therefore, plaintiff failed to adequately plead that Lillard acted willfully and intentionally at the expense of Macy's. The court held that once the district court determined that Lillard was improperly joined, the district court effectively dismissed plaintiff's claim against him without prejudice. The court remanded with instructions to vacate the district court's grant of Lillard's motion to dismiss his claims with prejudice.
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