McLaughlin v. Cotner, Electronic citation: 1999 FED App. 0350P (6th Cir.) (No Date Given)
In 1993, Ms. McLaughlin and Mr. Cotner, formerly husband and wife, had entered into an agreement to sell residential real estate which they held as joint tenants. This was part of a separation agreement, which was then incorporated into the divorce judgment. In 1997 Ms. McLaughlin filed a pro se complaint in the US District Court, alleging breach of the sale agreement. Jurisdiction was predicated on diversity pursuant to 28 U.S.C. sec. 1332. McLaughlin argued that this was a suit for breach of contract damages. The Sixth Circuit Court of Appeals found that the US District Court had properly dismissed McLaughlin's complaint sua sponte and again reaffirmed the "domestic relations exception", noting that diversity jurisdiction does not exist for domestic relations cases involving divorce, alimony, and child custody matters.
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Last updated 12-17-99
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