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Civil Practice – Declaratory Judgment Action – Federal Standing – Insurance – Nonparty – Remand

Under federal law, plaintiff, who alleges he was injured at a Bamberg hotel – he alleges he was cleaning a drain system when defendant Patel poured an acid drain cleaner into the pipes – lacks standing to seek a declaratory judgment against the defendant-insurer because plaintiff is not a party to the policy between the insurer and the defendant-insureds and he has no claims under the policy’s provisions.

The court grants the motion to remand to state court filed by plaintiff and the defendant-insureds (who, like plaintiff, are citizens of South Carolina).

Johnson v. Shree Radhe Corp. (Lawyers Weekly No. 002-072-18, 8 pp.) (J. Michelle Childs, J.) 5:17-cv-01414; Kent Clinton Kirkland Jr. for plaintiff; Andrew Sims Radeker and Morgan Templeton for defendants. D.S.C.

 

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