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· 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 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.