CaseCast™ – "What you need to know"
Brief Fact Summary. Defendant James David Lewis, a resident of Kentucky, filed a lawsuit in Kentucky state court on June 22, 1989, after sustaining injuries while operating a bulldozer. He named as Defendants both a Delaware and Kentucky corporation.
Synopsis of Rule of Law. Diversity at the time judgment is entered, rather than at the time the case is removed from state to federal court, is the appropriate time at which to examine whether complete diversity exists permitting federal court jurisdiction.
Issue. Whether the absence of complete diversity at the time of removal to Federal District Court is fatal to federal court jurisdiction.
Held. No. The Supreme Court of the United States held that Federal jurisdiction is permissible if Federal jurisdiction requirements are met at the time the judgment is entered.
Where after removal a case is tried on the merits without objection and the federal court enters judgment, the issue in subsequent proceedings on appeal is not whether the case was properly removed, but whether the federal district court would have had original jurisdiction of the case had it been filed in that court.View Full Point of Law