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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.

homeowner's insurance policy, value of claim, breach of contract, removal, motion to remand, diversity jurisdiction, fraudulent joinder, motion to transfer venue, subject matter jurisdiction, final decision

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