Subject Matter Jurisdiction • Complete Diversity • “Information and Belief” • Facial Attack
Personacare of Reading, Inc. v. Lengel, PICS Case No. 17-0508 (E.D. Pa. March 17, 2017) Schmehl, J (6 pages).
Defendants sought to dismiss plaintiff’s motion to compel arbitration, brought after defendants filed suit in state court alleging nursing home negligence, based on “information and belief” that plaintiff did not have its principal place of business in Kentucky as alleged but defendants presented no evidence to support the allegation and the court found that there was a complete diversity of citizenship. Motion to dismiss denied.