ST. LOUIS – An international business consultancy and information technology firm is asking a Missouri judge to transfer a case against it to federal court.
Infosys, which is being sued by plaintiff Subash Thayyullathil for alleged violations of civil rights, argues the case should be transferred as it involves more than $75,000, and there is a diversity of jurisdiction.
Thayyullathil, a former employee, filed the petition in the 21st Judicial Court in St. Louis County on March 12.
Infosys, an Indian corporation with offices in the U.S., argued in a filing that it only need file “a notice of removal ‘containing a short and plain statement of the grounds for removal."
A federal district court has jurisdiction over this matter on the basis of diversity jurisdiction. And district courts have original jurisdiction over all actions where the matter in controversy exceeds $75,000, the motion stated.
Thayyullathil is a citizen of St. Louis County, Missouri.
According to court documents, "Infosys is a foreign corporation based in Bangalore, India. Infosys’ principal place of business in the United States is in Plano, Texas.
"Accordingly, Infosys is a subject of a foreign state for purposes of removal."
On the issue of the amount, Insys state that the plaintiff is seeking lost wages and lost benefits, damages for physical, mental, and emotional anguish and injury; and punitive damages, along with his attorneys’ fees and costs. Thayyullathil does state the amount in his initial petition.
Insys argues, "Where removal is based on diversity of citizenship and the initial pleading does not demand a specific sum, 'the notice of removal may assert the amount in controversy,' and a removing defendant need only establish that it is more likely than not that the amount in controversy exceeds the jurisdictional minimum of $75,000."