Legal Opinion
Marshall v. Kansas City Southern Railway Co.
Court of Appeals for the Fifth Circuit
Decided August 23, 2004No. 03-61067PublishedCited by 33 opinions
1Per curiam
On appeal, Plaintiffs-Appellants identified in the caption of this case (“Plaintiffs”) challenge the district court’s denial of their motion for remand to state court. The district court had ruled that the non-diverse defendants were fraudulently joined and refused to certify an interlocutory appeal of that ruling to us. After one unsuccessful attempt to appeal that decision to our court, Plaintiffs continued their efforts to gain an expedited appeal on this issue by attempting to manufacture appellate jurisdiction by voluntarily seeking dismissal of their claims against the diverse…
2Cases cited11 opinions
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
- Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
- Martin v. Franklin Capital Corp.Court of Appeals for the Tenth Circuit · 2001
- McKee v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2004
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Acevedo v. Allsup's Convenience Stores, Inc.Court of Appeals for the Fifth Circuit · 2010
- Jernard Griggs v. S.G.E. Management, L.L.C.Court of Appeals for the Fifth Circuit · 2018
- Blue v. District of Columbia Public SchoolsCourt of Appeals for the D.C. Circuit · 2014
- Lisa Olivarez v. GEO Group, Inc.Court of Appeals for the Fifth Circuit · 2016
- Doe v. United StatesCourt of Appeals for the Federal Circuit · 2008
28 more not listed; retrieve them via the Exa API.