· 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 CourtListenerSourced 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.