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Jurisdiction Diversity Jurisdiction

Husch Blackwell LLP

Establishing General Personal Jurisdiction for an LLC

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To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a...more

Benesch

Ninth Circuit Shuts Down “Super” Snap Removals, Leaves Question of “Non-Super” Snap Removals (AKA Pre-Service Removals) Open for...

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Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.  This bulletin addresses a wrinkle in the law about when removal is possible....more

Smith Gambrell Russell

Diversity Jurisdiction, the Amount in Controversy, and Removal: A Defendant’s Burden

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In a lawsuit between parties located in different states, a plaintiff sometimes try to keep the case in the state court by being cagey about defining their damages to prevent the defendant from removing the case to federal...more

Proskauer - Minding Your Business

Pleading Artifices and CAFA Removal: Circuit Development

The Class Action Fairness Act (“CAFA”), was enacted to make federal courts the primary venue for class action litigation. It did so by modifying the usual jurisdictional requirements of the diversity jurisdiction statute...more

Rosenberg Martin Greenberg LLP

Fourth Circuit Holds That Federal Subject-Matter Jurisdiction Under the Class Action Fairness Act Can Rest on What “May Be” True

In an apparent case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that the fact that the district court may be foreclosed by governmental immunity from ordering relief prevents the federal court...more

Saiber LLC

Third Circuit Clarifies Authority to Review Remand Orders

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In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more

Butler Snow LLP

To Plead or Not to Plead Citizenship? That Is the Question (Among Others) for Limited Liability Companies Asserting Diversity...

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Jurisdiction always matters. Of course, litigants and the courts tend to focus on the merits. After all, the merits, not rote jurisdictional analyses, are what a lawsuit is all about. But parties cannot ignore basic...more

Nelson Mullins Riley & Scarborough LLP

The Road Less Traveled - A Case for the Consideration of Hidden Constitutional Claims in Evaluating Removal and the Possible...

After being retained to represent a client who has been served with a state court complaint, most defense attorneys can predict many of the questions the client will ask in the initial call. One such question is whether the...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: The (Dilatory) Forum Defendant Rule and Snap Removal with Nick Graber

NGE Insurance Policyholder associate Nick Graber details the “forum defendant” rule, which prevents lawsuits from being removed from state to federal court where a defendant who is a resident of the forum (a “forum...more

Lathrop GPM

Eighth Circuit En Banc Upholds Diversity Jurisdiction Despite Improper Removal

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On December 30, 2020, the United States Court of Appeals for the Eighth Circuit reversed its long-standing precedent and joined other circuits in holding that the forum-defendant rule is not jurisdictional. State diversity...more

Faegre Drinker Biddle & Reath LLP

En Banc Eighth Circuit Reverses Precedent and Holds Forum-Defendant Rule Is a Nonjurisdictional Defect Plaintiffs Can Waive

In Holbein v. TAW Enterprises, Inc., --- F.3d ---, No. 18-2892, 2020 WL 7755451 (8th Cir. Dec. 30, 2020) (en banc), the Eighth Circuit, sitting en banc, overruled its prior cases dealing with a specific application of the...more

K&L Gates LLP

No Snap Decisions Here: Federal District Courts Remain Divided Over Pre-Service “Snap Removal” Even as Appellate Courts Endorse...

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A. THE ISSUE: CAN AN IN-STATE DEFENDANT REMOVE TO FEDERAL COURT BASED ON DIVERSITY JURISDICTION BEFORE RECEIVING SERVICE OF PROCESS, A MOVE KNOWN AS “SNAP REMOVAL”? A Washington State plaintiff sues Illinois defendants in...more

Troutman Pepper

Winning the Removal Race: District Courts Put Limits on 'Snap Removal'

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In two recent decisions — Brown v. Teva Pharmaceuticals and Doe v. Valley Forge Military Academy & College — courts in the Eastern District of Pennsylvania put limits on the use of so-called “snap removal,” a strategy...more

Butler Snow LLP

An Update on Snap Removal

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A defendant can utilize 28 U.S.C. § 1441 to remove a state court case to federal court where complete diversity of citizenship exists. But the statute includes restrictions that limit a defendant’s ability to remove a case to...more

Knobbe Martens

Federal Circuit Review - September 2019

Knobbe Martens on

State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Husch Blackwell LLP

Overview Of Recent Decisions Interpreting The Illinois Biometric Information Privacy Act

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Key Points- The Illinois Biometric Information Privacy Act (BIPA) is the most stringent privacy law in the country providing claimants with a private right of action without alleging actual injury....more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount...more

Winstead PC

Court Discusses Diversity of Citizenship Jurisdiction Where A Trustee Removed The Case

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In Thunder Patch II, LLC v. JPMorgan Chase Bank, N.A., plaintiffs filed suit against a trustee in state court seeking a declaration regarding the enforceability of a mineral lease, and the trustee removed the case to federal...more

Blank Rome LLP

Eleventh Circuit Clarifies Foreign Company’s Dual Citizenship Status but Leaves Room for Further Debate

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A drunken tumble on a cruise ship may lead to resolving how alienage/jurisdiction is determined in the Eleventh Circuit. In Caron v. NCL (Bahamas), Ltd., — F.3d —, 2018 WL 6539178 (11th Cir. Dec. 13, 2018), the Eleventh...more

Troutman Pepper

'Snap Removals' Upheld by the Third Circuit

Troutman Pepper on

A recent decision by the Third Circuit effectively expands the scope of removable cases. As the first appellate decision to directly address the issue, the U.S. Court of Appeals for the Third Circuit upheld a Pennsylvania...more

Foley & Lardner LLP

Seventh Circuit Considers Diversity Jurisdiction in Trust Dispute

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In Doermer v. Oxford Fin’l Group, Ltd., No. 17-1659 (7th Cir. Mar. 7, 2018), the Seventh Circuit had before it an example of what Chief Judge Diane Wood called a “depressingly common” type of litigation: “[f]amily disputes...more

Husch Blackwell LLP

Personal Jurisdiction And LLCs – Does Citizenship Matter?

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When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of...more

Allen Matkins

Where Is A Holding Company's Principal Place Of Business?

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Businesses often prefer to have their cases tried in federal court, but the U.S. District Courts are courts of limited jurisdiction. When there is no federal question at issue, the Court's jurisdiction may depend on whether...more

Mayer Brown

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

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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

Mintz - Arbitration, Mediation, ADR...

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

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