Dr. Braid Sues S.B. 8 Plaintiffs as Interpleader Defendants in Illinois Federal Court
Dr. Alan Braid of San Antonio performed an abortion in violation of S.B. 8. He was sued by plaintiffs in Arkansas and Illinois. Later, an anti-abortion activist from Texas intervened in the Arkansas suit.
Now, Dr. Braid sued the Arkansas, Illinois, and Texas defendants in Illinois federal court. The suit is premised on statutory interpleader. Please raise your hand if you had statutory interpleader on your S.B. 8 bingo card.
Here is a brief overview of this CivPro chestnut.
First, 28 U.S.C. § 1335 only requires minimal diversity and $500 in damages. It provides, in part:
“The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person . . . having in his . . . custody or possession money or property of the value of $500 or more . . . if . . . two or more adverse claimants, of diverse citizenship . . . are claiming or may claim to be entitled to such money or property….”
Second, 28 U.S.C. § 1397 permits venue where any of the claimants reside:
Any civil action of interpleader or in the nature of interpleader under section 1335 of this title may be brought in the judicial district in which one or more of the claimants reside.
Here, one of the interpleader defendants is in Illinois. Thus, Illinois federal district court is a proper venue.
Third, 28 U.S.C. § 2361 allows for nationwide service of process:
In any civi
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