Legal Opinion
Brazell v. PHH Mortgage Corp.
Court of Appeals for the Tenth Circuit
Decided June 4, 2013No. 12-4047UnpublishedCited by 135 opinions
1Opinion of the Court
ORDER AND JUDGMENT *
STEPHEN H. ANDERSON, Circuit Judge.
This case involves a homeowner’s efforts to halt a foreclosure and/or to hold the foreclosing parties liable for damages. It was filed in Utah state court and removed to federal court on the basis of diversity jurisdiction. Although the only remaining defendant, trustee Aaron Waite, is a resident of Utah, we hold that his citizenship could be disregarded for removal purposes because the claims against him were mer-itless and premature and he was at best a nominal party named unnecessarily or improperly as a defendant. Having properly…
2Cases cited13 opinions
- Stephen B. Batoff, ph.d. v. State Farm Insurance Company, Leonard M. Paul, ed.dCourt of Appeals for the Third Circuit · 1992
- Smoot v. Chicago, Rock Island And Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1967
- Larry Laughlin v. Kmart CorporationCourt of Appeals for the Tenth Circuit · 1995
- Emma C. Lively v. Wild Oats Markets, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2006
- Carl Dodd v. Fawcett Publications, Inc., a Corporation, and Mid-Continent News Company, a CorporationCourt of Appeals for the Tenth Circuit · 1964
8 more not listed; retrieve them via the Exa API.
3Cited by135 opinions
- Aguayo v. AMCO InsuranceDistrict Court, D. New Mexico · 2014
- De La Rosa v. Reliable, Inc.District Court, D. New Mexico · 2015
- Bellman v. NXP Semiconductors USA, Inc.District Court, D. New Mexico · 2017
- McDaniel v. LoyaDistrict Court, D. New Mexico · 2015
- Padilla v. Am. Modern Home Ins. Co.District Court, D. New Mexico · 2017
130 more not listed; retrieve them via the Exa API.