Civil Practice – Federal Jurisdiction – Diversity – S.C. Corporations – Merger

Mendenall v. Walterboro Veneer, Inc. (Lawyers Weekly No. 002-064-11, 5 pp.) (David C. Norton, Ch.J.) D.S.C.

Holding: At the time plaintiff filed her complaint (and even at the time her cause of action arose), the S.C. corporations that plaintiff named as defendants had already merged into the surviving out-of-state corporation. The S.C. defendants no longer exist; therefore, there is no possibility that plaintiff could establish a cause of action against them. Complete diversity exists between the parties.

Plaintiff’s motion to remand to state court is denied.