Scenic Holding, LLC v. New Board of Trustees of Tabernacle Missionary Baptist Church, Inc.

I would reverse in part by holding the district court erred when it (1) dismissed eight counts from Scenic’s third amended complaint, (2) improperly placed the burden of proof on Scenic to prove the New Board had authority to bind Tabernacle, and (3) excluded certain evidence at trial. I therefore write separately to dissent in part.

A

I join the majority opinion with respect to Part A. The district court did not abuse its discretion when it denied Scenic’s motion to recuse the judge based on religious bias.

B

Federal law applies to issues of party joinder in a diversity case. The district court…