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Conkey v. Corker

Court: ND Tx  01/28/2020  District Court Sua Sponte Remands Case to State Court for Lack of Subject Matter Jurisdiction

The court found that the insurance company defendants failed to show that plaintiff's claims against the non-diverse party fraudulently alleged jurisdictional facts, and the insurers also failed to show that the plaintiff was unable to establish a cause of action against the non-diverse party. The court also noted that it had the ability to sever unrelated claims but only after it first had subject matter jurisdiction, which it lacked.

property insurance policy, theft insurance, diversity jurisdiction, removal, Federal Rule of Civil Procedure 19, Federal Rule of Civil Procedure 21, improper joinder, jurisdictional facts, actual fraud, inability to establish a cause of action, severance

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