SIGNIFICANT CASE SUMMARIES
Federal Case Summary
Kincaid v. Dollar Tree, Inc.
United States District Court for the Western District of Pennsylvania
No. 2:25-cv-00787
Decided: September 2, 2025
The Western District Court dismissed the Dollar Tree store manager on the basis of fraudulent joinder, allowing the case to remain in Federal Court.
Background
Plaintiff initiated this lawsuit in the Court of Common Pleas of Allegheny County, naming the store and the store manager as parties. The store manager was a resident of Pennsylvania. Dollar Tree and the manager removed the case to Federal Court, arguing that the joinder of the store manager was done solely to destroy diversity jurisdiction, and not because of the store manager’s action or inaction in causing Plaintiff’s alleged injury. Concurrent with the removal, the store manager also filed a Motion to dismiss.
Plaintiff filed a Motion to remand the case back to state court, arguing that the store manager’s failure to implement a policy that would have allowed for the discovery of the hazardous condition and/or train her employees was the cause in fact of Plaintiff’s injury. Plaintiff argued the case should be transferred back to state court because the store manager’s joinder was proper. In the alternative, Plaintiff argued that she should be allowed to amend her Complaint to set forth the appropriate pleadings against the store manager.
Holding
Reviewing the allegations of the Complaint, the District Court found that the joinder of the store manager was fraudulent. Conducting a thorough analysis of misfeasance, the improper or negligent performance of an act, versus nonfeasance, the failure to act, the Court held that “the complaint is bereft of any facts that could lead to any inference that [the store manager] participated in creating the harm that [Plaintiff] experienced.” The Court denied Plaintiff’s Motion to remand, allowing the case to remain in Federal Court, and granted the store manager’s Motion for dismissal, dismissing her from the case, with prejudice.
Questions about this case can be directed to Sarah Cobbs at (412) 926-1447 or scobbs@tthlaw.com.