United States First Circuit

In this wrongful death action, dismissal for lack of subject matter jurisdiction on grounds that an additional, non-diverse member of the decedent's estate was not made a party to the action, was indispensable, and whose joinder destroyed the parties' complete diversity, is reversed and remanded, where: 1) the non-diverse absent party was not required to adjudicate the action because the members of the estate requested voluntary dismissal of their claims, which eliminated the survivorship action and with it any concern as to the indispensability and joinder issues; and 2) the only remaining claims were those of plaintiffs Cason and Benavides, which were jurisdictionally sound.

Appellate Information

• Decided 11/04/2014
• Published 11/04/2014

Judges

• Gelpi

Court

• United States First Circuit

Counsel