In CCP Golden/7470 LLC v. Breslin, No. 24-2731 (7th Cir. Dec. 3, 2025), the Seventh Circuit rejects an effort to defeat diversity jurisdiction, holding (contrary to prior dicta on the subject) that co-parties to a contract who are jointly and severally liable need not always be deemed indispensable parties for purposes of Fed. R. Civ.Continue reading “Co-Guarantors to Contracts May Not Be Indispensable Parties Under Fed. R. Civ. P. 19(b), Holds Seventh Circuit”
Tag Archives: Fed. R. Civ. P. 21
Eleventh Circuit Holds That Fed. R. Civ. P. 21 and 41(a) Permits the Dismissal of a Single Plaintiff in a Multiple-Plaintiff Case, Provided That All of Their Claims Are Dismissed
The Eleventh Circuit in Weinstein v. 440 Corp., No. 23-13807 (11th Cir, July 25, 2025), holds that there is a final judgment when an individual plaintiff in a multi-plaintiff case voluntarily dismisses all of their claims against all defendants in a case under Fed. R. Civ. P. 21 or 41(a). Rule 41(a) allows a plaintiffContinue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 21 and 41(a) Permits the Dismissal of a Single Plaintiff in a Multiple-Plaintiff Case, Provided That All of Their Claims Are Dismissed”
Diversity Allegations on “Information and Belief” Are Insufficient to Establish Subject-Matter Jurisdiction Beyond the Pleadings Stage and Judicial Notice Under Fed. R. Evid. 201 Cannot Bridge the Gap, Holds Fifth Circuit
In PNC Bank v. 2013 Travis Oak, No. 24-50101 (5th Cir. May 5, 2025), the Fifth Circuit remands the appeal of actions to enforce a settlement agreement, holding that claims severed from the original action require a separate, independent basis for diversity jurisdiction, and that the jurisdictional allegations in the complaint “on information and belief”Continue reading “Diversity Allegations on “Information and Belief” Are Insufficient to Establish Subject-Matter Jurisdiction Beyond the Pleadings Stage and Judicial Notice Under Fed. R. Evid. 201 Cannot Bridge the Gap, Holds Fifth Circuit”
Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit
In Holt v. Cnty. of Orange, No. 22-55806 (9th Cir. Jan 26, 2024), the Ninth Circuit joins other circuits in holding that, notwithstanding 28 U.S.C. § 1367(d), dismissal of a party for improper joinder does not toll statute of limitations for the period that the party’s federal-law claims were pending before dismissal. Plaintiff “Holt andContinue reading “Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit”
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”
Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order
In Defense Distributed v. Bruck, No. 21-50327 (5th Cir. Apr. 1, 2022), a 2-1 panel of the Fifth Circuit issues a writ of mandamus directing a federal judge in the Western District of Texas to vacate an order severing and transferring part of a case to the District of New Jersey, and to request thatContinue reading “Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order”
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