Venue: |
SCOTUS
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Facts: |
See Kroger v. Omaha Public Power District |
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Posture: |
Looks like the court of appeals has allowed the case to proceed in
spite of incomplete diversity. |
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Issue: |
Is complete diversity required? |
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Holding: |
Yes. Reversed. |
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Rule: |
Complete diversity. It's what Congress wants. |
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Reasoning: |
A plaintiff can't really complain if their claims can't be heard in
federal court, since they were the ones who wanted to be in
federal court. At least in this case: that's where Kroger
sued. The non-federal claim is not ancillary to a federal
claim. |
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Dicta: |
White, dissenting: It would make sense if we held that § 1332
only requires diversity between the plaintiff and defendants
that the plaintiff brings into the case. |
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