EAST ST. LOUIS – Ervin Cable Construction has removed a former employee's defamation lawsuit to federal court, which claims the defendant falsely published that the employee was receiving kickbacks in return for awarding contracts.
The lawsuit was originally filed by plaintiff Daniel C. Greenfield in the Madison County Circuit Court against defendants Ervin Cable Construction, LLC, Jessica Slow, Next Generation Communications, Inc, and Dennis Decker, doing business as Force Cable, citing defamation. Ervin Cable Company filed a notice of removal to the U.S. District Court for the Southern District of Illinois through attorney Bradley Tharpe of St. Louis.
Ervin Cable argues removal is proper based on the diversity of citizenship. Specifically the court requires the parties to be citizens of different states and the amount in question to exceed $75,000 in order to have diversity jurisdiction.
According to the defendant, a plaintiff to a lawsuit "may not join an in-state defendant solely for the purpose of defeating federal diversity jurisdiction."
Ervin Cable states that since it is a citizen of Delaware and Florida, Greenfield is a citizen of Illinois, and the amount in question exceeds $75,000, complete diversity of jurisdiction exists in this matter. Therefore, it argues that removal to the U.S. District Court for the Southern District of Illinois is proper.
The original lawsuit made claims of defamation against Ervin Cable and its employee Slow, alleging that both of them "published false and defamatory statements." Because Slow is an employee of Ervin Cable, the plaintiff alleges her statements would be considered intra-corporate statements and not publications, which would not be actionable as defamation.
In its notice of removal, Ervin Cable argues that the only reason Slow was named in the lawsuit was to defeat federal diversity jurisdiction. The defendant adds that her joinder in the complaint is fraudulent and that her citizenship can be ignored for the purpose of determining diversity jurisdiction, the notice states.
According to Greenfield's lawsuit, he was employed by Ervin Cable and was responsible for designating outside contractors to work for the company. Greenfield claims that on April 20, the company and its agents falsely and without evidence "published" statements accusing him of illegally receiving kickbacks from contractors in exchange for awarding them contracts - an act which hurt his reputation and constitutes defamation. Greenfield alleges the defendants made the claim even though it knew the allegations where false.
The plaintiff claims the defendants' actions have hurt his reputation, will affect his ability to secure employment in the future, impacted his ability to earn income, and have caused him to suffer emotional anguish and embarrassment.
Greenfield is seeking damages in excess of $75,000. He is represented in this case by attorney Edward J. Szewczyk of Pratt & Tobin, P.C. in East Alton.
U.S. District Court for the Southern District of Illinois case number CV-01282-DWD