· 12/30/2009
MBIA Ins. Corp. v. Royal Bank of Canada
Citations
- 706 F. Supp. 2d 380
- 2009 U.S. Dist. LEXIS 126910
- 2009 WL 6357936
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that under New York’s liberal pleading rules, plaintiff need only provide “basic information concerning the nature of plaintiffs claim and the relief sought”
- explaining that a plaintiff advancing under New York’s pleading standards need only provide “basic information concerning the nature of plaintiff’s claim and the relief sought”
- explaining that “documents outside the pleadings may be considered” when assessing fraudulent joinder so long as they “clarify or amplify the claims actually alleged”
- finding that diversity was facially evident from summons with notice summons with notice listed defendants’ addresses and stated plaintiffs’ principal places of business
- noting that on a remand motion a court may consider documents other than the pleadings “to the extent that the factual allegations [in those documents] . . . clarify or amplify the claims actually alleged”
- engaging in similar analysis, and noting that under New York law plaintiffs were “under no obligation” to plead a basis for binding non-party to contract
Source: CourtListener parenthetical corpus (CC0).
Judges: Kenneth M. Karas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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