Legal Opinion

State National Insurance v. Yates

Court of Appeals for the Fifth Circuit

Decided November 12, 2004No. 04-60157PublishedCited by 51 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court dismissed this suit for want of jurisdiction pursuant to Federal Rule of Civil Procedure 19. Plaintiff State National Insurance Company appeals. The district court concluded that it could not proceed without a third party, Bruce Insurance Agency, the joinder of which would defeat subject matter jurisdiction. Persuaded that supplemental jurisdiction supported the additional party to the counterclaim, we vacate the district court’s dismissal and remand for further proceedings.

I

Rebuffed by his insurance company when a landowner sued him…

2Cases cited16 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
  3. Staples v. United StatesSupreme Court of the United States · 1994
  4. Zahn v. International Paper Co.Supreme Court of the United States · 1973
  5. United Capitol Insurance Company v. Bernard Kapiloff Lynn Kapiloff v. United Capitol Insurance Company J.L. Hickman & Company, Incorporated, T/a Ifa Insurance Services, Incorporated Horan Goldman & Company of Maryland, Incorporated Ray MillerCourt of Appeals for the Fourth Circuit · 1998

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3Cited by51 opinions

  1. F5 Capital v. PappasCourt of Appeals for the Second Circuit · 2017
  2. PTA-FLA, Inc. v. ZTE USA, Inc.Court of Appeals for the Eleventh Circuit · 2016
  3. Karen D'Onofrio v. Vacation Publications, ICourt of Appeals for the Fifth Circuit · 2018
  4. Aurora Loan Services, Inc. v. Frank Craddieth and Peggy Craddieth, Appeal Of: Midwest Real Estate Investment Company, Intervenor-AppellantCourt of Appeals for the Seventh Circuit · 2006
  5. Halmekangas v. State Farm Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 2010

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