Kelley Ex Rel. CC Realty Trust v. Vermont Mutual Insurance

How courts have described this case

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

• observing that the permissive language of § 1447(e) “makes clear that Congress granted the courts broad discretionary power”
• noting that, “where joinder would destroy diversity and force a remand, a fact specific analysis must be undertaken”
• observing that the permissive language of § 1447(e) “makes clear that Congress granted the courts broad discretionary power”
• concluding third factor weighed in favor of granting proposed amendment in part because “denial of joinder will result in prejudice to [the plaintiff] by having two separate defendants each of whom may use the ‘empty chair’ defense’
• discussing and 2 balancing equitable factors in regard to plaintiff’s motion to amend that sought to add a 3 nondiverse party

Source: CourtListener parenthetical corpus (CC0).