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· 3/19/1986

Adorno Enterprises, Inc. v. Federated Department Stores, Inc.

Citations

  • 629 F. Supp. 1565
  • 1986 U.S. Dist. LEXIS 27993

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • remand is mandated if after removal an indispensable party that must be joined is discovered that will destroy diversity
  • “It is beyond doubt that the emergence of an indispensable party, if nondiverse, should defeat subject matter (diversity) jurisdiction and require remand.”
  • \Any substantial doubts as to the propriety of removal must be resolved against the proponent of a federal forum.\
  • subsequent joinder of nondiverse indispensable party depradates diversity jurisdiction and requires remand
  • burden of persuasion rests with removing party

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.