Toxic mold claims: make sure you sue the right defendant
SCOTUSblog summarizes the United States Supreme Court's decision yesterday in Lincoln Property v. Roche, a case brought by a couple alleging claims for exposure to toxic mold contamination of their apartment.
The couple filed suit in Virginia state court against the Texas corporation that owned the corporation that managed the apartments and the Wisconsin corporation that managed the corporations, but failed to sue the unit of the Texas corporation that actually managed the apartment complex.
The Supreme Court held that since the parties actually sued were all citizens of different states the case could be removed even though the the Virginia company that managed the apartments was the real party in interest rather than its Texas parent.
Law.com also has a story about the case.