Legal Opinion
Nancy Ebker, Cross-Appellee v. Tan Jay International, Ltd. And Peter J. Nygard, Tan Jay International, Ltd., Cross-Appellant
Court of Appeals for the Second Circuit
Decided July 17, 1984No. 1178, 1171 and 1177, Dockets 81-7854, 84-7032 and 84-7060PublishedCited by 62 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
This case is a further illustration, if one were needed, of the unwisdom of continuing diversity jurisdiction, 28 U.S.C. § 1332, and particularly that portion of the diversity statute permitting such jurisdiction to be invoked by an in-state plaintiff. 1 There is no federal interest in this lawsuit except for that engendered by the disregard by trial counsel of a federal procedural rule; it is the kind of case that the New York courts handle regularly. It was pending in the district court for nearly six years and, after extensive pretrial proceedings, consumed eight…
2Cases cited38 opinions
- Samuel Simblest v. Joseph MaynardCourt of Appeals for the Second Circuit · 1970
- Mattivi v. South African Marine Corp.Court of Appeals for the Second Circuit · 1980
- Johnson v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1952
- Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
- Leif M. Hanson v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
33 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- Diesel v. Town of LewisboroCourt of Appeals for the Second Circuit · 2000
- Larry L. McKinnon v. City of Berwyn, a Municipal CorporationCourt of Appeals for the Seventh Circuit · 1985
- American Protein Corporation v. Ab Volvo and Volvo Lastvagnar Ab, as Successors in Interest to Beijerinvest Ab, Beijer Industries, Inc. And Bo LyckeCourt of Appeals for the Second Circuit · 1988
- Meriwether v. CoughlinCourt of Appeals for the Second Circuit · 1989
57 more not listed; retrieve them via the Exa API.