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Schur v. L.A. Weightlosscenters, Inc.

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ARGUED FEBRUARY 26, 2009

Before BAUER, KANNE, and SYKES, Circuit Judges.

Illinois citizen Pamela Hoppe died of liver failure a few months after beginning a diet program offered and administered by L.A. Weight Loss Centers, Inc. Hoppe’s sister, Carolyn Schur, filed suit against the company on behalf of Hoppe’s estate in Illinois state court. L.A. Weight Loss removed the case to the Southern District of Illinois based on diversity of citizenship. A magistrate judge subsequently granted Schur leave to amend her complaint to join three new defendants, two of whom were Illinois citizens. Eleven days after filing her second amended complaint, Schur moved to remand the case to Illinois state court because the new parties negated complete diversity. The district judge denied Schur’s motion to remand, finding that Schur had fraudulently joined the two Illinois defendants to destroy the court’s diversity jurisdiction. The judge struck Schur’s second amended complaint and ultimately granted summary judgment against her.

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