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· 5/21/1999

Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C., Auto-By-Tel Marketing Corporation, and North Brothers Ford, Inc.

Citations

  • 176 F.3d 904
  • 1999 U.S. App. LEXIS 9746
  • 1999 F. App'x 0183P

How courts have described this case

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

  • stating that diversity jurisdiction “exists only when no plaintiff and no defendant are citizens of the same state” (citation omitted)
  • noting a defendant may avoid remand by demonstrating non-diverse parties are fraudulently joined.
  • “[I]t is clear in the present case that a declaratory judgment would be redundant with the relief already sought for breach of contract.”
  • “In order for a defendant to remove a case to federal court based upon diversity jurisdiction, there must be complete diversity of citizenship …”
  • a plaintiff’s motive for joining a non-diverse defendant to the action is immaterial to the fraudulent joinder analysis
  • “Diversity of citizenship, the basis for jurisdiction in the present case, exists only when no plaintiff and no defendant are citizens of the same state.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keith, Suhrheinrich, Gilman

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.