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Mauldin v. Allstate Insurance Co.

Court: 5th Cir  12/10/2018  Fifth Circuit Affirms Denial of Motion to Remand because of Improper Joinder of a Non-Diverse Party

Appellate court clarified its jurisdiction over a final judgment dismissing claims against a non-diverse party and found that it retains jurisdiction of an appeal of such a claim despite transfer of the matter to a different circuit following the final judgment. On the merits, the court found that the insured failed to assert any facts supporting its Texas Insurance Code claims against the non-diverse party, who was the attorney that conducted the insured's examination under oath.

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