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105 F. Supp. 726

Scheideler v. Jones

U.S. District Court

Decided July 15, 1952

U.S. District Court · decided 1952-07-15

Key passage — most relied on by later courts

““As Judge Learned Hand has said: ‘a reputation, like a face, is the symbol of its possessor and creator’. Thus a claim of one plaintiff for damages to his reputation is so peculiarly personal as to be clearly ‘separate and independent’ from the similar claims of each of the other plaintiffs. The suit, therefore, was properly removed to this Court under § 1441(c) * * “The circumstances that there will be questions of law and fact common to all these claims and that they arise out of the same occurrences do not change the separate and independent nature of each plaintiff’s claims. Neither does the fact that they have elected to join their claims in one action.” Id. at 727.”

quoted by 1 later decision, including Herrmann v. Braniff Airways, Inc.

Relies on Yale Electric Corp. v. Robertson

Good law ✅— No negative treatment on recordhow we know

Decided 1952-07-15

How this case has been cited

Cited by 9 later decisions — most recently May 1984

1 district ·

301952196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

McGOHEY, District Judge.

¶1 This is a motion by the plaintiffs to remand the suit to the New York Supreme Court, from which it was removed here on the defendant’s petition.

¶2 There are nine plaintiffs. Five are residents of New York; one is a resident of New Jersey, three are residents of Connecticut where the defendant also resides.

¶3 Remand is demanded on the ground that the “claims or causes of action” of the New York and New Jersey plaintiffs are not “separate and independent” from those of the Connecticut plaintiffs.

¶4 The complaint alleges that the defendant at various times made seven separate statements of and concerning the plaintiffs; that each statement was defamatory of each plaintiff; that each statement damaged each plaintiff in the sum of $50,000; that each plaintiff is entitled to recover total damages in the sum of $350,000.

¶5 As Judge Learned Hand has said: “a reputation, like a face, is the symbol of its possessor and creator”. 1 Thus a claim of one plaintiff for damages to his reputation is so peculiarly personal as to be clearly “separate and independent” from the similar claims of each of the other plaintiffs. The suit, therefore, was properly removed to this Court under § 1441(c), Title 28 U.S. C.A.

¶6 The circumstances that there will be questions of law and fact common to all these claims and that they arise out of the same occurrences do not change the separate and independent nature of each plaintiff’s claims. Neither does the fact that they have elected to join their claims in one action.

¶7 There is no prayer for remand of the claims of the Connecticut plaintiffs and discretion, I think, requires that they be not remanded.

¶8 The motion is denied.

/105/fsupp/726 · .json · Public domain