· 11/4/2011
Thatcher v. Hanover Insurance Group, Inc.
Citations
- 659 F.3d 1212
- 80 Fed. R. Serv. 3d 1492
- 2011 U.S. App. LEXIS 22294
- 2011 WL 5247892
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a court abuses its discretion “when an irrelevant or improper factor is considered and given significant weight”
- “[A]ny prejudice to defendants was limited because the case had not progressed 13 beyond the pleading stage.”
- “[I]n a diversity action a plaintiff may not merely amend his complaint after removal to claim damages below the jurisdictional amount and deprive the federal court of jurisdiction.”
- “Prejudice does not arise simply because a second action has been or may be filed against the defendant, which is often the whole point in dismissing a case without prejudice.”
- “Under the St. Paul Mercury rule, in a diversity action a plaintiff may not merely amend his complaint after removal to claim damages below the jurisdictional amount and deprive the federal court of jurisdiction.”
- “In addressing whether a district court should allow voluntary dismissal, we 23 have repeatedly stated that it is inappropriate for a plaintiff to use voluntary dismissal as an avenue for seeking a more favorable forum.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Bye, Shepherd
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.