Legal Opinion
Gabriel v. Preble
Court of Appeals for the First Circuit
Decided January 19, 2005No. 04-1744PublishedCited by 70 opinions
1Opinion of the Court
SELYA, Circuit Judge.
In this diversity case, we are called upon to determine the proper alignment of the parties to a shareholder’s derivative action. We conclude that the corporation must be aligned as a defendant. Because that alignment destroys complete diversity, we affirm the dismissal of the action for want of federal subject matter jurisdiction.
When an appeal turns on the existence vel non of subject matter jurisdiction and there has been no evidentiary hearing, we accept at face value the facts alleged in the operative pleading (here, the amended complaint), drawing all reasonable…
2Cases cited14 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- Valentin-De-Jesus v. United HealthcareCourt of Appeals for the First Circuit · 2001
- Smith v. SperlingSupreme Court of the United States · 1957
- Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
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3Cited by70 opinions
- In Re Digimarc Corp. Derivative LitigationCourt of Appeals for the Ninth Circuit · 2008
- Ruben Carnero v. Boston Scientific CorporationCourt of Appeals for the First Circuit · 2005
- McCloskey v. MuellerCourt of Appeals for the First Circuit · 2006
- Siaca v. DCC Operating, Inc.Court of Appeals for the First Circuit · 2007
- Mulero-Carrillo v. Roman-HernandezCourt of Appeals for the First Circuit · 2015
65 more not listed; retrieve them via the Exa API.