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Plaintiff appealed the district court’s denial of his motion to remand and dismissal of the case. Plaintiff was involved in a car accident and sued the driver and defendant, the driver’s insurance company in Arkansas state court, alleging in part that defendant violated the Arkansas Deceptive Trade Practices Act. After the driver was dismissed from the case, defendant removed the case to federal court and moved to dismiss. The district court granted the motion, denying plaintiff’s cross-motion for remand.
Where the parties were diverse and plaintiff could potentially recover more than $75,000, the district court correctly exercised jurisdiction over plaintiff’s ADTPA claim and dismissed the case where the version of the statute in effect during defendant’s alleged wrongful conduct required plaintiff to plead reliance.
Judgment is affirmed.
Motal v. Allstate Property & Casualty Insurance Company (MLW No. 79923/Case No. 22-1743 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Baker, J.
