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”
Tag Archives: Diversity Jurisdiction
Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers
In J.C. Penney Corporation, Inc. v. Oxford Mall, LLC, No. 22-12461 (11th Cir. May 1, 2024), the Eleventh Circuit affirms in full an attorney’s fee sanction, awarded against a defendant that was found to have withheld information for fifteen months that the parties were not diverse for purposes of 28 U.S.C. § 1332 subject-matter jurisdiction.Continue reading “Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers”
Ninth Circuit Nixes “Super Snap Removals” to Circumvent the Forum Defendant Rule, 28 U.S.C. § 1441(b)(2)
In Casola v. Dexcom, Inc., No. 23-55403 (9th Cir. Apr. 10, 2024), the Ninth Circuit rejects a California corporation’s attempt to avoid the forum-defendant rule by filing removal petitions in federal court under 28 U.S.C. § 1441(a) even before the cases were docketed in California state court. The forum-defendant rule is an exception to removalContinue reading “Ninth Circuit Nixes “Super Snap Removals” to Circumvent the Forum Defendant Rule, 28 U.S.C. § 1441(b)(2)”
Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law
In Green Plains Trade Group, LLC v. Archer Daniels Midland Co., No. 23-1185 (7th Cir. Jan. 12, 2024), the Seventh Circuit vacates and remands a judgment dismissing a complaint in a diversity tortious-interference case, holding that the district court was possibly too cautious in its prediction of Nebraska law. Plaintiff “Green Plains based its claimContinue reading “Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law”
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”
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”
Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction
Previously, this blog reported on a complex 28 U.S.C. §1332(a)(2) issue of whether a Chinese enterprise was properly held to be a partnership, corporation, or foreign state for diversity purposes (see January 31, 2023 post) decided by the Seventh Circuit. This Seventh Circuit case, Sunny Handicraft (H.K.) Ltd. v. Envision This! LLC, No. 21-1579 (7thContinue reading “Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction”
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”
District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit
In Avenatti v. Fox News Network LLC, No. 21-2702 (3d Cir. July 21, 2022), the Third Circuit affirms a decision of the district court to drop a defendant added to a complaint, just days after its removal, under Fed. R. Civ. P. 21. When non-diverse defendants are named in the state-court complaint prior to removalContinue reading “District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit”
District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit
In Turner v. GoAuto Insurance, No. 22-30103 (5th Cir. May 2, 2022), the Fifth Circuit holds that a district court properly remanded a class action to state court under 28 U.S.C. § 1446 when it accepted an amended complaint, filed two days before the removal petition, as the operative complaint that limited the class solelyContinue reading “District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit”
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