Tuesday, February 8, 2011

Missed It By That Much.

Talk about chutzpah, what do you make of a defendant that goes through a full  bench trial before Judge Moreno, loses a breach of k to the tune of $5 million, then moves to vacate the judgment for lack of diversity jurisdiction?

Not much, according to the Judge.

Practitioner's tip -- perhaps this motion would have been better received before you answer, litigate the case, go through a whole trial, and then lose?

Just a suggestion.


Anonymous said...

Malpractice?? Who were lawyers?

Anonymous said...

Can you please put up a link to the decision?

Anonymous said...

moreno respected diversity jurisdiction enough to know that he was obligated to go through the motions to establish complete diversity as a party never waives subject matter jurisdiction and it can be brought to the court's attention at any time.

very truly yours,

minette m.

Anonymous said...

Moreno did business with Diversity, he respected Diversity, but he never trusted diversity. Minette Pentangli.

Anonymous said...

Someone can't afford PACER!!