Tag Archives: 28 U.S.C. § 1653

Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time

In J.A. Masters v. Beltramini, No. 23-20292 (5th Cir. Sept. 9, 2024), the Fifth Circuit finds itself returning a fully-tried case to the district court – for a second time – to adjudicate whether it had diversity jurisdiction. Judge Haynes files a dissent. “This appeal comes to us following a five-day jury trial. Plaintiffs J.A.Continue reading “Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time”

Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit

In SXSW, LLC v. Federal Insurance Co., No. 22-50933 (5th Cir. Oct. 5, 2023), the Fifth Circuit exercises its authority to remand an appeal to the district court to sort out factually whether there was diversity at the time the complaint was filed. Plaintiff “SXSW planned to hold its annual ‘South by Southwest’ festival inContinue reading “Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit”