FLORIDA: Federal Courts May Not Have Jurisdiction In Pulse Victims’ Lawsuit Against Killer’s Employer

Orlando’s ABC affiliate reports:

A lawsuit filed by the victims of the Pulse nightclub massacre and their families against the gunman’s wife and employer is in jeopardy of being dismissed in federal court. Federal Judge Kenneth A. Marra filed the order questioning if the federal court system had jurisdiction in the case, determining that as presented it did not. The lawsuit was filed Wednesday in federal court in South Florida on behalf of more than four dozen of the survivors and family members of those killed at Pulse nightclub last June.

Personal injury attorney Antonio Romanucci said Omar Mateen’s employer at the time of the shooting, security company G4S, knew Mateen was mentally unstable yet allowed him to carry a gun in his job as a security guard. Mateen had a firearm license through his job. Mateen’s wife, Noor Salman, is currently in California jail awaiting trial.

In his order, Marra argued that the concept of “complete diversity” must exist if a federal court is able to try this type of civil lawsuit. Because many of the plaintiffs and two of the defendants are citizens of, or operate in, Florida, that requirement has not been met. “As such, the case must be dismissed for lack of subject matter jurisdiction,” Marra said.

The plaintiffs have ten days to file an amended complaint.

  • T-Batwoman

    I’m not sure a slash and burn sue everyone is the correct approach. Anyone can walk into a store and but an assault rifle without their employers blessing. This seems like quite a reach.

    He used a Sig MCX in the shooting, I can guarantee it was not his security job handgun.

    • Kruhn

      Question? Could Omar have bought the gun without the license? I know Florida’s gun laws are loose, but…

      • Rebecca Gardner

        Yes, he absolutely could have. You can. I can. We all can. It’s a really nice rifle actually when not in the hands of a sick fuck.

    • Marco

      I agree. I am dying to know what the attorney defines as “mentally unstable” and what evidence of this he says that the shooter’s employer had.

      Also, correct me if I’m wrong, but isn’t this Romanucci guy one of those ambulance-chaser types who advertises on late night TV?

  • Silver Badger

    This lawsuit sounds a bit greedy. Hasn’t rather a lot of money been funneled to Pulse?

    • The_Wretched

      Legal rights are legal rights.

  • Do Something Nice

    There’s are so many reasons to penalize a company who knew that one of its employees was mentally unstable and chose to provide that employee with a firearm.

    I hope the lawsuit proceeds.

  • Jerry Kott

    When ever I read stories about the Pulse Nightclub Massacre, I can’t wrap my head around the reality that the FBI or Justice Department did not declare that the Crime was an actual Hate Crime. It is not on the books as a Hate Crime. That still stuns me. The dots are not connecting for me.

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  • Rebecca Gardner

    I’m confused, why would they sue the employer of this sick fuck? Should I be suing the hospital that the doctor who ran a red light and T-Boned me works at because this fuckhead doesn’t know how to drive?

    • Randy Left Brooklyn

      Because the company would have much deeper pockets than the shooter, who probably has almost no money. If they can make it stick there is a lot of money to get.

      • Do Something Nice

        Well, in the case of this company, they are scumbags. Not that that fact justifies the lawsuit.

    • SFHarry

      It matters. Did the hospital force the doctor to work 24 hours straight as a matter of policy guaranteeing that when they unleashed him on the world his driving would be impaired.

  • The_Wretched

    This isn’t news; it’s basic legal maneuvering. The attack at federal jurisdiction is a standard on if you think you’ll do better in State court (as companies tend to do). Jurisdiction is one of the areas that can be raised at any time by any party.

    As to why sue Mateen’s employer – they have money. It really is that simple and regular to name a large number of defendants in order to shake money loose for victims.