Montanaro v. State Farm Mutual Automobile Insurance Co. (Lawyers Weekly No. 002-136-14, 9 pp.) (Patrick Michael Duffy, J.) 2:14-cv-01253; D.S.C.
Holding: Even though plaintiffs’ defamation complaint quotes a letter from an out-of-state defendant, this does not mean that the South Carolina plaintiffs cannot state a claim against South Carolina defendant Fields. Based on the record, the court cannot find that Fields himself did not also send such a letter or make a statement that included the language quoted in the complaint. There is at least some possibility that plaintiffs could establish their defamation claim against Fields at trial.
Therefore, plaintiffs’ motion to remand to state court is granted.