WALKER V. NORWEST CORP.
108 F.3d 158 (8th Cir. 1996)
NATURE OF THE CASE: This was an appeal from an award of sanctions for a failure to plead
complete diversity and in fact pleading facts which tended to show there was not complete
diversity.
FACTS: Walker (P), his guardian and attorney filed a complaint in district court alleging
a breach of fiduciary duty and other state law causes of action against Norwest (D) and
others. The complaint stated that there was diversity in that the Plaintiff and some of the
Defendants are citizens of different states. The complaint alleged that P was a citizen of
South Dakota and that D was a corporate citizen of Minnesota but it did not allege the
citizenship of the other remaining defendants. Upon receipt of the complaint, D wrote to P
informing P of the obvious defect on the face of the complaint. D asked P to dismiss the
complaint or it would ask for sanctions. P acknowledged receipt and after failing to act, D
moved to dismiss and for sanctions. The court granted a 12(b)(1) motion and sanctioned
attorney Massey under Rule 11 for $4,800. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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