Monday, March 29, 2004

Plaintiff gets summary judgment reversed when appeals court says no diversity

Snatching victory from the jaws of the defeat, the plaintiff/appellant in American Fiber & Finishing, Inc. v. Tyco Healthcare Group, LP, got summary judgment on the merits reversed by arguing that when it amended the complaint to name a different defendant, the new defendant was not diverse and therefore the district court was without subject matter jurisdiction over the case the plaintiff filed before it.

Thanks to Construction law blog for pointing out this gem.

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