· 7/11/1997
Ascension Enterprises, Inc. v. Allied Signal, Inc.
Citations
- 969 F. Supp. 359
- 1997 U.S. Dist. LEXIS 10307
- 1997 WL 401034
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that court has authority under § 1447(e) to reject Rule 8 Under Section 1447(e
- treating joinder of new defendant by amendment as of right under rule 15(a) as permissive joinder pursuant to Rule 20
- “[A] party may not employ Rule 15(a) to interpose an amendment that would deprive the district court of jurisdiction over a removed action. Thus, § 1447(e) trumps Rule 15(a).”
- “[A] party may not employ Rule 15(a) to interpose an amendment that would deprive the district court of. jurisdiction over a removed action. Thus, § 1447(e) trumps Rule 15(a)”
- “[B]ecause the addition of Daigle as a defendant will destroy subject matter jurisdiction, Ascension must obtain leave of court in order to properly amend its complaint.”
- found amendment sought to defeat diversity when defendant added immediately after removal and claims against the new defendant were “unrelated to the character of the original suit”
Source: CourtListener parenthetical corpus (CC0).
Judges: Polozola
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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