Monthly Archives: January 2023

Seventh Circuit Maneuvers a Jurisdictional Puzzle Box About Whether a Chinese Defendant May Be a Partnership, Corporation, or Foreign State for Diversity Purposes

In Yancheng Shanda Yuanfeng Equity Investment Partner v. Wan, No. 22-1199 (7th Cir. Jan. 31, 2023), the Seventh Circuit hits a jurisdictional snag with how to determine the citizenship of a “hybrid” entity with characteristics of a partnership, a corporation, and a foreign state, each of which commands different treatment under the diversity jurisdiction statute,Continue reading “Seventh Circuit Maneuvers a Jurisdictional Puzzle Box About Whether a Chinese Defendant May Be a Partnership, Corporation, or Foreign State for Diversity Purposes”

Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias

In United States v. Nieves, No. 21-1901 (2d Cir. Jan. 26, 2023), the Second Circuit took the rare step of tossing a criminal conviction because “the district court abused its discretion by failing to take any of several possible steps that could have effectively screened prospective jurors for [anti-gang] bias.” Defendant Nieves was charged withContinue reading “Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias”

Plaintiff Should Not Have Rested on Complaint Allegations to Establish Amount in Controversy in Diversity Case, Holds First Circuit

In Andersen v. Vagaro, Inc., No. 22-1471 (1st Cir. Jan. 3, 2022), The First Circuit affirms dismissal for lack of subject matter jurisdiction where the plaintiff, though duly warned, failed to allege facts or present evidence to support that amount in controversy exceeded $75,000 was required by 28 U.S.C. § 1332(a). “Andersen owned and operatedContinue reading “Plaintiff Should Not Have Rested on Complaint Allegations to Establish Amount in Controversy in Diversity Case, Holds First Circuit”