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Home / Opinion Digests / Civil Procedure – Diversity – Nondiverse Defendant – Involuntary Dismissal (access required)

Civil Procedure – Diversity – Nondiverse Defendant – Involuntary Dismissal (access required)

A Harrisonburg U.S. District Court determines sua sponte that it lacks diversity jurisdiction in this fraud and contract case against a tanning salon franchiser because a federal court cannot exercise jurisdiction over a case that becomes removable due to the involuntary dismissal of a nondiverse defendant. There is a long-standing “involuntary dismissal” rule, which the ...

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