Legal Opinion
Arena v. Graybar Elec. Co., Inc.
Court of Appeals for the Fifth Circuit
Decided January 25, 2012No. 10-31096PublishedCited by 95 opinions
1Opinion of the Court
GRAVES, Circuit Judge:
This appeal arises from the district court’s denial of the defendants’ post-trial motions. In a bench trial, the district court dismissed the plaintiffs Miller Act claim, the basis of his federal jurisdiction, for failure to secure a bond as required by the statute. The court proceeded on plaintiffs remaining state-law contractual claims by asserting pendent jurisdiction. It found in favor of the plaintiff. After the trial concluded, the court allowed plaintiff to amend his complaint by claiming that diversity allegedly existed at the beginning of the lawsuit. The…
2Cases cited30 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
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3Cited by95 opinions
- Equal Employment Opportunity Commission v. Service Temps Inc.Court of Appeals for the Fifth Circuit · 2012
- Cohen v. Postal Holdings, LLCCourt of Appeals for the Second Circuit · 2017
- Karen D'Onofrio v. Vacation Publications, ICourt of Appeals for the Fifth Circuit · 2018
- Matthew Mitchell v. Orico BaileyCourt of Appeals for the Fifth Circuit · 2020
- Michael Bynane v. The Bank of New York Mellon, etCourt of Appeals for the Fifth Circuit · 2017
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