· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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