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Civil Procedure and Insurance Matters

By FindLaw Staff on April 12, 2010 11:20 AM

Berik Stiftung v. Plains Mktg., L.P., No. 09-20631, involved an action alleging that defendants purchased assets in a Canadian pipeline without the consent of its true owner.  The court of appeals affirmed the dismissal of the complaint, on the ground that plaintiff was the only named plaintiff and alleged in its complaint that it was a foreign corporation organized and existing under the laws of the country of Liechtenstein, and thus it was a foreign citizen for purposes of 28 U.S.C. section 1332(a) and there was not complete diversity among the parties.

Halmekangas v. State Farm Fire & Cas. Co., No. 09-31060, concerned an action seeking home insurance proceeds arising out of Hurricane Katrina.  The Fifth Circuit vacated the district court's denial of plaintiff's motion to remand to state court, holding that no federal court had original jurisdiction  over the action, and 28 U.S.C. section 1367, the supplemental jurisdiction statute, by its own terms, could not fill the void.

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