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