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Tort/Negligence – Defamation – Labor & Employment – Wrongful Termination – Civil Practice – Federal Jurisdiction – Diversity – Supervisors

Tort/Negligence – Defamation – Labor & Employment – Wrongful Termination – Civil Practice – Federal Jurisdiction – Diversity – Supervisors

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Ragin v. Pilgrim’s Pride Corp. of GA (Lawyers Weekly No. 002-073-12, 7 pp.) (Cameron McGowan Currie, J.) 3:12-cv-00425; D.S.C.

Holding: Contrary to defendants’ argument, Yost v. City of Charleston (D.S.C. Nov. 24, 2009) does not stand for the proposition that a plaintiff may not sue co-workers for a defamatory statement made in connection with the plaintiff’s termination if the statements were made within the course and scope of their employment. Even if that were the case, plaintiff alleges that defendant Spann’s statements were made before the investigation that resulted in plaintiff’s termination.

Defendants have failed to show that the individual defendants were fraudulently joined. Since plaintiff and the individual defendants are all S.C. residents, there is not complete among the parties, and this court lacks jurisdiction. This case is remanded to state court.


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