Thursday, May 16, 2013

Ha Ha You Can't Remove Me Because I Didn't Say Anything About Citizenship!


Oh darn!

Judge Marra is on to this:
The Court notes that Smyth does not address the issue of whether she is a Florida citizen; rather, Smyth merely rests on the proposition that Hillstone cannot demonstrate diversity at both the time the complaint was filed and the time the notice of removal was filed because she only alleged her residency in the complaint. If Smyth’s position was accepted, a plaintiff could frustrate a defendant’s ability to exercise its statutory right of removal simply by failing to allege citizenship, even though diversity of citizenship can be demonstrated by resort to evidence outside the four corners of the complaint.
This is why I always tell youngin' attorneys -- argue policy policy policy, the reasons often matter more than the law itself.

8 comments:

Anonymous said...

Why even fight removal in this one, especially when you got Marra.

Anonymous said...

Because S. Fla. Lawyers (not SFL) fight everything opposing counsel does whether it matters or not.

a: Want a deposition held at your office?
b: No!
a: Want it held at my office?
b:No!
a:Where then shall we have this deposition?
b:Anywhere...except wherever you suggest that it might be held.

Does the above sound familiar to any of you?

Anonymous said...

Without even looking into it, I have a strong hunch who that attorney is (initials: LM). He has a ton of little tricks on how to keep things from being properly removed.

Anonymous said...

Shumie time. We're getting sloppy here. Shape up people and head out.

Anonymous said...

Marra should teach Zloch a thing or two, as he has remanded a case for this precise reason -- the plaintiff alleged only residency, not citizenship.

spencer's World said...

Everyone's favorite civil lawyer eating out in new mexico. Go spencer.

Anonymous said...

http://www.ca11.uscourts.gov/opinions/ops/201213278.pdf

David Bend said...

I love the position that you make. It is sarcastic and serious at the same time!

David | Lawyers In St. John's