· 12/23/1996
John R. Yarnevic v. Brink's, Incorporated, a Delaware Corporation Thomas R. Fussner
Citations
- 102 F.3d 753
- 1996 U.S. App. LEXIS 33360
- 1996 WL 732124
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that remote inferences and conclusory allegations cannot defeat summary judgment
- holding diversity could be created after filing of the complaint by plaintiff’s voluntary action, though it could not be created by a defendant’s actions
- stating that remote inferences and conclusory allegations cannot defeat summary judgment
- finding that “[w]hile it would have been prudent for [defendant] to file a supplemental petition specifying the new basis for diversity within 30 days” after plaintiff moved from Ohio to Pennsylvania, “it was not required” because complete diversity existed either way
- looking to an extrinsic memorandum that was not made part of the state court record to conclude that a case had become removable on the basis of diversity
- “A proper filing of a notice of removal immediately strips the state court of its jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murnaghan, Butzner, Phillips
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.