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Ward v. Liberty Insurance Corp.

Court: ND Tx  04/08/2022  Pending Guidance on 542A Removal from Fifth Circuit, District Court Defers Ruling On Motion To Dismiss

A court of the Northern District of Texas deferred ruling on an insurer's motion to dismiss a non-diverse adjuster defendant, observing that the Fifth Circuit may soon provide guidance to lower courts on how an insurer's post-joinder but pre-removal election of responsibility under ยง 542A.006 impacts a federal court's diversity jurisdiction.

removal, diversity jurisdiction, motion to dismiss, Advanced Indicator & Manufacturing, Inc. v. Acadia Insurance, Co., No. 21-20092 (5th Cir. argued Dec. 6, 2021), joinder, election of responsibility, 542A.006, removal, subject matter jurisdiction

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