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LawHelpNow, Attorney/Lawyer
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Can a north carolina resident sue a non-resident alleging constructive

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Can a north carolina resident sue a non-resident alleging constructive fraud? Thank you
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Where is the defendant at? In this case, is the defendant in NY? NC? Someplace else?
Customer: replied 4 years ago.
I am defendant. I reside in virgin Islands. Plaintiff is NC resident. Can in NY federal court (1:12 CV 01827 (PKC). I am pro se defendant
Ahhh....Federal diversity jurisdiction.

Is this US VI? British VI?

Perhaps a better question...are you a US citizen? If so what is your residence?

And are there any other defendants in this case?
Customer: replied 4 years ago.
I live in St. Thomas US VI and I am a US citizen. The allegation I am addressing is constructive fraud/breach of fiduciary duty under NC law. Case involves four plaintiffs. Three are NC residents. One vermont.
The Plaintiffs have utilized a group pleading strategy. Thought since one plaintiff was not NC resident, could have some basis for dimissing this Count.

I knowyour info is merely informational. Thanks.
Thank you

Diversity jurisdiction. I know it well.

But I have one more state that there are 4 plaintiff' many defendants? Are you the sole defendant and four folks are suing you? And if there are more defendants, where are the rest located?
Customer: replied 4 years ago.
there three other plaintiffs. one in bankruptcy, a Virgin Islands LLC. other two reside in NY and CT. Case is in SDNY, federal court..

As I believe I said earlier, four plaintiffs, three reside in NC. Fourth is a Vermont resident who is a trustee of 3 grantor trusts for children of two of the NC residents.

Case originally filed in NC. Defendants sought change of venue and reach agreement with plaintiffs to move case to SDNY. One defendant

NY resident.Plaintiff has made numerous claims. One count if the Constructive Trust/Breach of Fiduciary Duty under NC law. Wondering if opportunity to dismiss this count because one plaintiff a Vermont resident. Remember, they have pled jointly (colectively)even though they are separate. This is why I thought I had shot at dismissal.

By the way, I am not an attorney. Just been doing research in preparation for pre-motion conf.


Thank you so much for this opportunity to try and be of service to you today.

Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

QUESTION: "Does the NY court have subject matter juridiction?"

ANSWER: First of all, please allow me to take a moment and say that I am genuinely sorry for all you have been through with this ordeal. Accordingly, it brings me zero pleasure to share the following information with you. Here is how this works. You are quite well spoken and no doubt have an astute grasp of the underlying issues. You are entirely free to assert your argument, but unfortunately in my estimation and experience the other side has the more compelling position. Jurisdiction and venue are sometimes used interchangeably, even by legal counsel, but they are simply not the same thing. In other words, the threshold determinative issue is whether or not the Court in question can exercise subject matter jurisdiction pursuant to the doctrine of federal diversity of citizenship. It goes all the way back to the Judiciary Act of 1789 with the modern (present day) codification found here: 28 U.S.C. § 1332. Looking to doctrine such as a "causal nexus" and so forth, it can be rather amazing, frankly, just how broadly some Courts are willing to find and exercise jurisdiction. Certainly, after the matter of jurisdiction is put to rest one can still make arguments for trying the case elsewhere along lines such as forum non conveniens. But, based on your description, I would not be at all surprised to see subject matter jurisdiction "stick". I would love to say otherwise, and I hope I am proved to be entirely wrong and that you completely prevail. But, I just respect you too much to do you the disservice of misleading you or providing false information, even when the means being the bearer of entirely correct although admittedly discouraging news. Neither you or I made this law, and very often I personally disagree with it, but nevertheless that is the truthful reality, at least in my opinion.

I truly hope all works out for you.

If you would like any additional information or have more questions please do not hesitate to ask!

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LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7639
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
thank you for your assistance. I appreciate to time you took to do this. If I have any additional questions, I will contact you.

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