Monday, October 10, 2005

SCOTUSblog on Tomorrow's Argument in Lincoln Property Co. v. Roche

SCOTUSblog has a thorough post on the upcoming argument before the Supreme Court in Lincoln Property Co. v. Roche. Here's an excerpt:

The Court will also hear arguments tomorrow in Lincoln Property Co. v. Roche, No. 04-712, a landlord-tenant dispute that has bloomed two cert-worthy questions about diversity subject-matter jurisdiction when entities seek to have cases in which they are defendants removed to federal court. The Court agreed to consider first whether, in calculating the complete diversity between parties that removal requires, federal courts can look beyond the papers to consider whether a nondiverse, unnamed party is a ”real party in interest” sufficient to defeat diversity jurisdiction. The Court is also considering a second question posed by the petitioners: whether a limited partnership is a citizen of a state for removal diversity jurisdiction purposes if its business activities establish a "very close nexus” with the state.

For the full post, click here. For an earlier FCPB post on the case, click here.

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