U.S. v. American Home Assurance Company, Inc.

Full title: UNITED STATES OF AMERICA for the use and benefit of LEVINSON SANTORO…

Court: United States District Court, E.D. New York

Case no: 08-CV-0741 (NGG) (RER).

Date published: Jul 2, 2009

Fact:

Levinson Santoro Electric Corporation (L S) filed a civil action under the Miller Act against several defendants, including American Home Assurance Company, Inc., Seaboard Surety Company, and others, alleging failure to make payments for electrical work performed on the Metropolitan Detention Center between 1997 and 1999.

Issue:

The main issue in the case is whether the court has subject-matter jurisdiction over the claims asserted by L S under the Miller Act, 40 U.S.C. § 3131 et seq.

CONCLUSION:

Absent jurisdiction arising under the Miller Act, the court lacks jurisdiction over the state-law fraud, breach of contract and fraudulent inducement claims stated in the Complaint. The court does not have subject-matter jurisdiction to entertain these claims and they must also be dismissed. For the foregoing reasons, the court dismiss the Complaint for lack of subject matter jurisdiction.

SO ORDERED.

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