McGee v. Erie Insurance Company (2018)

Citation: McGee v. Erie Insurance Company (2018)
Parent Document: McGee v. Erie Insurance Company (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-09-28
Original Source: https://www.courtlistener.com/opinion/4539614/mcgee-v-erie-insurance-company/ ↗

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  Although Erie Indemnity characterizes its motion as arising under Rule 12(b)(1) for lack of
jurisdiction, its core argument is that Ms. McGee has named the wrong insurance entity, making
her contract claims legally insufficient. That is not a jurisdictional issue, but a Rule 12(b)(6)
issue. Browning, 292 F.3d at 242. The Court has diversity jurisdiction over this entire case as
currently constituted, since Ms. McGee is a citizen of Maryland, Emergent Preparatory Academy
was a citizen of the District of Columbia, and Erie Indemnity is a citizen of Pennsylvania. Am.
Compl. 2; 28 U.S.C. § 1332(a)(1).
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621, 624 (D.C. Cir. 1997). This is “a context-specific task that requires the reviewing court to

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