News & Analysis as of

Federal Rules of Civil Procedure Diversity Jurisdiction

Carlton Fields

Snap, Crackle, Remove: Gamesmanship or Winning Strategy? The What, When, and Where of Snap Removal

Carlton Fields on

Snap removal is a rare but useful procedural device to remove an action from state to federal court under the diversity jurisdiction rules, even when the plaintiff’s complaint names an in-state defendant as a party....more

Butler Snow LLP

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

Butler Snow LLP on

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

Proskauer - Minding Your Business

Amendment to Rule 7.1 Seeks to Resolve Federal Court Diversity Issues at the Outset of Cases But It May Not Achieve Its Goal

A proposed amendment to Federal Rule of Civil Procedure 7.1, which had previously required information so judges could determine if they had a conflict of interest, would require a party in a diversity action to name and...more

Troutman Pepper Locke

The Nuts and Bolts of Local Practice in the Eastern District of Michigan (Part 1) - A Guide To Practicing In The U.S. District...

Troutman Pepper Locke on

The law is the law, but the procedural rules and local customs and practices in federal court differ in many ways from Michigan’s state court system. Originally published in the Michigan Bar Journal Of Interest - January...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Williams Mullen

Unlawful Detainer in Federal Court? It’s Not as Far Fetched as You Think

Williams Mullen on

In the wake of the Supreme Court of Virginia’s decision in Parrish v. Fed. Nat’l Mortg. Ass’n, 292 Va. 44, 787 S.E.2d 116 (2016), foreclosure purchasers have faced increasing difficulty evicting borrowers who remain in the...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

Troutman Pepper Locke

'Snap Removals' Upheld by the Third Circuit

Troutman Pepper Locke 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

Holland & Knight LLP

Citizenship of Aircraft Owner Trustee Establishes Federal Court Diversity Jurisdiction

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

Nexsen Pruet, PLLC

The Fourth Circuit, En Banc, Addresses Removal / Remand Litigation

Nexsen Pruet, PLLC on

In Barlow v. Colgate Palmolive Co., 772 F.3d 1001 (4th Cir. 2014), an en banc decision, the United States Court of Appeals for the Fourth Circuit considered two cases where plaintiffs allegedly misrepresented their intent to...more

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