Tag Archives: Complete Diversity

City’s Unexplained Failure to Name State as a Party Prevents Remand of Removed Case to State Court Under 28 U.S.C. § 1447, Holds Fifth Circuit

In New Orleans City v. Aspect Energy, LLC, No. 24-30199 (5th Cir. Jan. 23, 2025), the Fifth Circuit holds that the unexplained failure of the City of New Orleans to add the State of Louisiana as a party to its complaint meant that the federal court had diversity jurisdiction over the removed case. “Appellant, NewContinue reading “City’s Unexplained Failure to Name State as a Party Prevents Remand of Removed Case to State Court Under 28 U.S.C. § 1447, Holds Fifth Circuit”

Eighth Circuit Holds That Stipulations About Citizenship Are Not Binding When Evaluating Diversity Jurisdiction, Signaling a Possible Split with Other Circuits

In Great River Entertainment, LLC  v.  Zurich American Ins. Co., No. 21-3815 (8th Cir. Sept. 11, 2023), the Eighth Circuit reverses and remands a final judgment dismissing this insurance coverage lawsuit, holding that—despite an admission by the plaintiff in the district court that the parties were diverse—the plaintiff could contradict that stipulation on appeal withContinue reading “Eighth Circuit Holds That Stipulations About Citizenship Are Not Binding When Evaluating Diversity Jurisdiction, Signaling a Possible Split with Other Circuits”