Legal Opinion
Odeon Capital Group, LLC v. Ackerman
District Court, S.D. New York
Decided February 29, 2016No. 16 Civ. 274PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER. JED S. RAKOFF, UNITED STATES DISTRICT JUDGE.
This motion to remand presents the question of whether diversity of citizenship, for the purpose of assessing federal subject matter jurisdiction over a motion to vacate an arbitration award, is measured as of the date a party filed the motion in court or as of the date the underlying arbitration was filed. The Court holds that diversity in such cases is assessed as of the date -a party filed the motion in court, not the date the underlying arbitration was filed. Accordingly, the Court finds that diversity of citizenship exists…
2Cases cited11 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- United Food & Commercial Workers Union, Local 919, Afl-Cio v. Centermark Properties Meriden Square, Inc.Court of Appeals for the Second Circuit · 1994
- George Linardos v. Edmund Fortuna, Joan Fortuna and Susan Joan LinardosCourt of Appeals for the Second Circuit · 1998
- Karsner v. LothianCourt of Appeals for the D.C. Circuit · 2008
- Edward J. Diffley, and Ann M. Diffley v. Allied-Signal, Inc.Court of Appeals for the Second Circuit · 1990
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3Cited by2 opinions
- Erdheim v. HarrisDistrict Court, S.D. New York · 2019
- TD Ameritrade, Inc. v. KelleyDistrict Court, S.D. New York · 2021