Sunday, October 22, 2017

Not Grounded In Reality

 This complaint was dismissed by the United States District Court for the Eastern District of Pennsylvania

Plaintiff alleges that she married Jason Kelsey, a professor at Muhlenberg College, "by proxy," and "by telepathy." She claims that, since 2004, Muhlenberg College has been interfering with her marriage by, among other things, asking her husband not to associate with her and directing him to "become intimately involved with two of his coworkers." (Compl. at 3.) She also alleges that Muhlenberg College banned her from the campus and from communicating with faculty without giving a valid reason. Plaintiff notes that she does not mind the ban "except that other people impersonate [her] and spread false rumors about [her]." (Id. at 3.) She brings this lawsuit, apparently raising claims for loss of consortium.

... Plaintiff's allegations that the defendant is interfering with a marriage entered into "by proxy" and "by telepathy" reflects that her claims are not grounded in reality. Accordingly, the Court concludes that this lawsuit is factually and legally baseless. However, even if plaintiff's claims were not factually baseless, there is no apparent basis for a claim within this Court's jurisdiction. The complaint is best construed as raising tort claims under state law. However, the Court lacks jurisdiction over those claims because it is apparent from the complaint that the parties are not diverse. See 28 U.S.C. ยง 1332(a) (granting district court jurisdiction over a case in which "the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different States."). Accordingly, there are no legal or jurisdictional grounds for this lawsuit to proceed in this Court.

Hat tip to the web page of the National Association of College and University Attorneys. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/10/plaintiff-alleges-that-she-married-jason-kelsey-a-professor-at-muhlenberg-college-by-proxy-and-by-telepathy-she-claims-th.html

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