Kensinger v. E.I. Du Pont de Nemours
Kensinger v. E.I. Du Pont de Nemours
Opinion of the Court
MEMORANDUM
1. Under well-settled Alaska law, land owners only owe their guests a duty of
Here, the evidence showed Brenegan was not aware his son had purchased the shotgun, nor had his son ever been involved in a gun accident. Lacking notice that his son posed a particular security risk, it was not foreseeable that Kensinger’s injury would result from the alleged lack of household gun safety rules. The district judge did not err in concluding that Kensinger “ha[d] no valid cause of action under Alaska law against Rickey Brenegan.”
“Joinder of a non-diverse defendant is deemed fraudulent, and the defendant’s presence in the lawsuit is ignored for purposes of determining diversity, if the plaintiff fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state.” Morris v. Princess Cruises, Inc., 236 F.3d 1061,1067 (9th Cir. 2001) (internal quotations omitted). Brenegan’s joinder was therefore fraudulent, and we have jurisdiction because the parties are diverse. Id.
2. In deciding that Brenegan was fraudulently joined, the district judge properly considered deposition testimony taken during a previous suit Kensinger brought based on the same facts. The district judge could properly consider this evidence because it demonstrated that “it [was] abundantly obvious” that Kensinger could not prevail on his claim. Id. at 1068.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided
Case-law data current through December 31, 2025. Source: CourtListener bulk data.