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· 5/23/2013

Tommy Morris v. Salvatore Nuzzo

Citations

  • 718 F.3d 660
  • 2013 WL 2248977
  • 2013 U.S. App. LEXIS 10473

How courts have described this case

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

  • holding that proper inquiry is not how the district court would resolve a dispositive choice of law issue, but whether there was a \reasonable possibility [that] the state court would have ruled against\ the nondiverse defendant
  • noting that the forum defendant rule is an “additional hurdle” for when diversity jurisdiction applies
  • explaining that a party seeking removal bears the burden of proving the propriety of removal and doubts regarding removal are resolved in favor of the plaintiff's choice of forum in state court
  • noting that “[t]he few 19 district courts that have decided the issue are split” and stating that “[i]t does not appear 20 that any court of appeals has answered this question”
  • explaining that a party seeking removal bears the burden of proving the propriety of removal and doubts regarding removal are resolved in favor of the plaintiff’s choice of forum in state court
  • noting that doubts are resolved in favor of the state court plaintiff

Source: CourtListener parenthetical corpus (CC0).

Judges: Kanne, Williams, Zagel

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.