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· 11/6/2000

U.S.I. Properties Corp. v. M.D. Construction Co.

Citations

  • 230 F.3d 489
  • 48 Fed. R. Serv. 3d 334
  • 2000 U.S. App. LEXIS 27781

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 Court specifically declined to address Thomas' claim as a fraudulent conveyance claim
  • explaining that Peacock drew “a distinction between postjudgment proceedings that simply present a mode of execution to collect an existing judgment and proceedings that raise an independent controversy with a new party, attempting to shift liability.”
  • avoiding a complex Eleventh Amendment question in favor of a simpler statutory subject matter jurisdiction question
  • defining “State” to include Puerto Rico for purposes of diversity jurisdiction under 28 U. S. C. §1332
  • stating arms and alter egos in effect stand in the same position as the State and are therefore not subject to diversity jurisdiction.
  • \Nor is it sufficient to rely on the incorporation of state procedures in Rule 69(a) to establish federal enforcement jurisdiction.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Coffin, Lipez

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.