Case: Disability Discrimination/Exhaustion of Remedies (E.D. Cal.)

A California federal district court granted a motion to remand to state court filed by a commercial driver with cervical spine injuries and PTSD who brought disability discrimination claims under the Fair Employment and Housing Act, intentional infliction of emotional distress, and wrongful discharge claims against Costco Wholesale Corporation and individual managers, finding that defendants failed to meet their heavy burden of establishing fraudulent joinder of the non-diverse individual defendants because there remained a possibility that the commercial driver could state a viable intentional infliction of emotional distress claim against them in state court.

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