Legal Opinion
Daniel Miller v. William F. Grgurich and Southern Aviation Insurance Group, Inc.
Court of Appeals for the Ninth Circuit
Decided June 13, 1985No. 84-6188PublishedCited by 90 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
When an action is removed on the basis of diversity, the requisite diversity must exist at the time the action is removed to federal court. C. Wright, Law of Federal Courts § 38, at 153 (3d ed. 1976); 14A C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3723, at 311 (2d ed. 1985); see Desert Empire Bank v. Insurance Company of North America, 623 F.2d 1371, 1374 (9th Cir.1980) (the addition of a nondiverse party defendant after removal defeats federal jurisdiction and requires remand). The rule requiring diversity at the time removal is sought parallels…
2Cases cited6 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Desert Empire Bank, Etc. v. Insurance Co. Of North America, Etc.Court of Appeals for the Ninth Circuit · 1980
- Libhart v. Santa Monica Dairy Co.Court of Appeals for the Ninth Circuit · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Gentek Building Products, Inc., Steel Peel Litigation Trust, Formerly Known as Sherwin-Williams Claims Trust v. The Sherwin-Williams CompanyCourt of Appeals for the Sixth Circuit · 2007
- Donald H. Albrecht, and Joanne Albrecht v. William S. LundCourt of Appeals for the Ninth Circuit · 1988
- Harriet M. Gould, an Unremarried Widow v. Mutual Life Insurance Company of New York, a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1986
- Schnabel v. LuiCourt of Appeals for the Ninth Circuit · 2002
- Westinghouse Electric Corporation v. Newman & Holtzinger, P.C. Shaw, Pittman, Potts & Trowbridge Chase, Rotchford, Drukker & Bogust, Law CorporationCourt of Appeals for the Ninth Circuit · 1993
85 more not listed; retrieve them via the Exa API.