Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act

In Maine Community Health Options v. Albertsons Cos., Inc., No. 20-35931 (9th Cir. Mar. 31, 2021), deciding an issue of first impression for the circuit, the judges – following different routes – holds that there is diversity jurisdiction over an action under Section 7 of the Federal Arbitration Act (FAA), 9 U.S.C. § 7, seeking enforcementContinue reading “Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act”

Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision

In Grace Ranch, LLC v. BP American Prod. Co., No. 20-30224 (5th Cir. Feb. 26, 2021), the Fifth Circuit – in a case of first impression for that court – decides that, notwithstanding 28 U.S.C. § 1447(d), it has appellate jurisdiction to review a Burford abstention remand to state court. It also dismisses the stateContinue reading “Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision”

A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit

Acknowledging a circuit split, the Fourth Circuit holds in Navy Federal Credit Union v. LTD Financial Services, LP, No. 19-1341 (4th Cir. Aug. 20, 2020), that for diversity of purposes, a federally-chartered corporation is deemed a “citizen” where it maintains its principal place of business under 28 U.S.C. § 1332(c)(1). The decision creates a split inContinue reading “A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit”