Mahoney
Mahoney v. Facebook, Inc.
Opinion
Trial Court Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
Ms. Mahoney is a citizen and resident of Nashville, Tennessee. (Doc. No. 1-1 ¶ 43). Facebook is a Delaware corporation with its principal place of business located in Menlo Park, California. (Id. ¶ 44). On July 1, 2021, Ms. Mahoney filed suit against Facebook in the Circuit Court of Davidson County, Tennessee alleging claims of defamation and negligent infliction of emotional distress and seeking damages in an amount of $168,000,000.00. (Id. at PageID # 7-45). On August 4, 2021, Facebook removed the case to this Court under 28 U.S.C. §§ 1441, 1446, asserting diversity jurisdiction under 28 U.S.C. § 1332 (a). (Doc. No. 1 ¶ 1). On August 30, 2021, Facebook filed the pending Motion to Transfer, and Ms. Mahoney filed the pending Motion to Remand on September 20, 2021.
II. ANALYSIS
A. Motion to Remand “The right of removal of a suit from state court to federal court is a statutory right.” Regis Assocs. v. Rank Hotels (Mgmt.), Ltd., 894 F.2d 193, 195 (6th Cir. 1990) (citing 28 U.S.C. § 1441)). As the removing party facing a motion to remand, Facebook has the burden of establishing federal
subject matter jurisdiction. See Paul v. Kaiser Found.…