Thompson v. Newton

How courts have described this case

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

• noting that the “forum defendant rule is a procedural hurdle and not a jurisdictional bar”
• explaining that a Court may allow a surreply if a defendant raises new arguments in its reply
• noting that the forum defendant rule was “designed to prevent gamesmanship” and thus concluding that “[t]he propriety of retaining a case in federal court jurisdiction cannot hinge on something as irrelevant to the purpose of the forum defendant rule as winning a race”
• “[T]he forum defendant rule serves to prevent an in-state defendant . . . from stymieing a plaintiff’s choice of forum.”
• “The forum defendant rule is procedural and not jurisdictional. . .”
• “[S]o long as defendants stay on top of the docket, the forum defendant rule [if read literally,] would have no effect in practice. 19 Out-of-state plaintiffs could effectively be precluded from suing defendants in the defendant’s home state courts.”

Source: CourtListener parenthetical corpus (CC0).