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Valencia v. Allstate Texas Lloyd’s

Court: 5th Cir  10/02/2020  Fifth Circuit Remands Homeowner's Dispute to State Court After Non-Party Injected Itself into Lawsuit and Removed to Federal Court

The court found that the insured homeowner was clear that it intended to sue and pursue recovery from a non-diverse Texas insurer entity and not a similarly named Illinois entity, so the district court did not have subject matter jurisdiction and remand to state court was appropriate.

homeowner's insurance policy, removal, motion to remand, interlocutory appeal, subject matter jurisdiction, non-party, proper party in interest, misnomer, misidentification

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