Emma C. Lively v. Wild Oats Markets, Inc., a Delaware Corporation

How courts have described this case

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

• stating that the forum defendant rule 5 “confines removal on the basis of diversity jurisdiction to instances where no defendant is a 6 citizen of the forum state”
• finding that the forum defendant rule is procedural and citing cases
• finding 4 Congress’ general intent for allowing removal based on diversity jurisdiction is to protect out-of- 5 state defendants from possible prejudices in state court
• stating “§ 1441(b) confines removal on the basis 16 of diversity jurisdiction to instances where no defendant is a citizen of the forum state.”
• finding 11 Congress’ general intent for allowing removal based on diversity jurisdiction is to protect out-of- 12 state defendants from possible prejudices in state court
• “The need for such protection is absent, however, in cases where the defendant is a citizen of the state in which the case is brought.”

Source: CourtListener parenthetical corpus (CC0).