News & Analysis as of

Diversity Jurisdiction

All that Glimmers is Not [Insurance Agency] Gold

by Nexsen Pruet, PLLC on

Diversity jurisdiction requires complete diversity among plaintiffs and defendants. While it is difficult for a defendant to remove a case with a nondiverse defendant, removal can be accomplished through the doctrine of...more

Third Circuit Issues Helpful Decision On Punitive Liability Under New Jersey Law

In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment....more

Every Dog Bite has its Day (in Federal Court)

by Nexsen Pruet, PLLC on

In Lighthouse Property Insurance Corp. v. Rogers, 2017 WL 3634593, the United States District Court for the District of South Carolina considered a motion to dismiss for lack of subject matter jurisdiction in an action...more

Citizenship of Aircraft Owner Trustee Establishes Federal Court Diversity Jurisdiction

by Holland & Knight LLP on

The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal...more

Associated Press Files Anti-SLAPP Motion in DC Federal Court Diversity Case

by LeClairRyan on

In January, I wrote about the DC Court of Appeals’ then-recent Mann decision, and specifically about the Court’s response to the DC Circuit’s Abbas decision, which held that the DC anti-SLAPP statute could not apply in a...more

Chief Judge Stark Denies Plaintiffs’ Motion To Remand Removed Eliquis®Cases

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Margaret Kay Young, et al. v. Bristol-Myers Squibb Co. and Pfizer Inc. and 32 similar actions, Civil Action Nos. 17-609-LPS through 17-641-LPS, (D.Del. June 27,...more

Only in America: The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards

In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more

Sixth Circuit Narrowly Construes CAFA’s Local Controversy Exception

by BakerHostetler on

Congress passed the Class Action Fairness Act (CAFA) in 2005 to address a series of well-documented abuses of the class action process. Among the protections of the act were provisions enabling class action defendants to...more

Eleventh Circuit Finds Dual Citizenship Defeats CAFA Diversity

by Carlton Fields on

The Eleventh Circuit recently denied a petition to appeal an order remanding a putative class action to state court, finding the defendant corporations’ dual citizenship defeated minimal diversity under the Class Action...more

Florida Department Of Revenue Issues Advisement Determining That A Reinsurer And Its Cedents Did Not Have Nexus In Florida For Tax...

by Carlton Fields on

On January 13, 2017, the Florida Department of Revenue issued a Technical Assistance Advisement regarding whether a reinsurer had nexus with the state of Florida that would require it to file a corporate income tax return and...more

Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies

Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It matters during discovery. It even matters after summary judgment. Jurisdiction matters because federal courts...more

A Lender’s Federal Post-Judgment Interest Quandary

by Bryan Cave on

Post-judgment interest is not something most lenders consider when making a loan. In fact, it is not ordinarily the subject of significant analysis even when litigation becomes necessary. ...more

Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal

Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc., winning dismissal of the case in its entirety. The case was decided on Plaintiffs’ motion to remand and Defendants’ motions to...more

Texas Legislative Outlook

by Strasburger & Price, LLP on

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

by Pullman & Comley, LLC on

Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

National Roundup of Important Anti-SLAPP Appeals

by LeClairRyan on

After the DC Circuit issued its decision in Abbas v. Foreign Policy Group last year, holding that the DC anti-SLAPP statute does not apply in a federal court diversity case (and disagreeing with every other federal appellate...more

Eleventh Circuit Holds that District Courts Retain Original Jurisdiction Over State Law CAFA Claims Even After Class Claims Are...

by Balch & Bingham LLP on

In a case of first impression for the Court, the Eleventh Circuit recently addressed whether federal district courts retain original subject matter jurisdiction over state law claims included in a class action filed pursuant...more

How Does One Know When A Corporation Is Antagonistic?

by Allen Matkins on

When a shareholder files a derivative suit in state court, the defendants often will try to have the case removed to the federal district court. Federal courts, however, are courts of limited jurisdiction and not every...more

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

by Carlton Fields on

Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more

Sixth Circuit Sends Flint Water Class Action to State Court Under CAFA’s Local Controversy Exception

by Benesch on

On November 16, 2016, the Sixth Circuit held that a state law professional negligence class action against civil engineering companies arising out of the Flint, Michigan water crisis must be litigated in Michigan state court....more

Federal Court Dismisses Beneficiary’s Breach Of Fiduciary Duty Claim For Lack of Jurisdiction

by Winstead PC on

In Strouse v. Strouse, a beneficiary sued an executor of an estate for breach of fiduciary duty. No. 4:16cv707, 2016 U.S. Dist. LEXIS 155630 (E.D. Tex. September 27, 2016). Federal district courts are courts of limited...more

Ninth Circuit Denies Motion to Dismiss and Motion to Stay Publication of Decision Holding Nevada HOA Super-Priority Lien Statute...

As we have previously covered in a series of blog posts, the Nevada Supreme Court held in September 2014 that Nevada Revised Statute chapter 116 allows homeowners’ associations (HOAs) to non-judicially foreclose on homeowners...more

Texas Courts' Consistent Inconsistency on Improper Joinders

by Zelle LLP on

Throughout the onslaught of the Texas hail litigation epidemic, policyholder lawyers and firms representing insurance carriers continue to battle over whether these cases belong in Texas state court or are more properly...more

Guest Post – Benicar MDL Court: An Unconventional, but Relatively Simple, Remand Decision

by Reed Smith on

This is a guest post, by Jaimee Farrer, an associate at Reed Smith. We’re always looking for new twists that can help in efforts to remove cases to federal court, and the case Jaimee describes does that, relying on an MDL...more

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