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· 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 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.