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THURMAN R. HOOK, Plaintiff
vs.
GENERAL ELECTRIC COMPANY DR. HERMAN L. HIRSCH individually and in his capacity as an employee/agent-physician of General Electric Company; and COMPUCHEM CORPORATION, Defendants
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Issues:
Attorney practices, fourteenth amendment.
Case Summary:
Thurman Hook, a former General Electric employee, counters an assertion from General Electric and Compuchem that a third defendant, Dr. Herman Hirsch, is fraudulently joined in this proceeding for the purpose of avoiding federal diversity jurisdiction. Hook argues Dr. Hirsch was negligent in the development and administration of GE's drug testing program. The faulty program, Hook contests, led to his termination from GE.
Decision of lower jurisdiction:
The Circuit Court of Posey County, Indiana has not ruled on the merits of the case. Hook has filed a motion staying the proceedings until the required remedies are exhausted.
Outcome:
Hook wins. The US District Court for the Southern District of Indiana, Evansville Division, agreed with Hook. Dr. Hirsch, the court declared, was not fraudulently joined. Hooks' allegations of negligence in the development and administration of the GE drug testing program make Dr. Hirsch more than a formal party; he is a real party in interest in the suit. Hook and Dr. Hirsch are both residents of Indiana. Therefore, complete diversity of citizenship did not exist (GE and Compuchem are out of state parties). Removal was improper. The case is remanded back to the trial court.