Facebook Twitter Show more sharing options Share Close extra sharing options. In essence, Carnival says that the plaintiffs proposed a joint trial simply by initially filing a single state-court action containing only thirty-nine plaintiffs and then voluntarily dismissing that case and re-filing two separate but largely identical lawsuits each of which still had fewer than plaintiffs. And this conclusion was consistent with the general principle that plaintiffs, as masters of their complaints, ordinarily may choose to include or omit parties in order to obtain their desired forum. Blue Ridge Paper Products, Inc. Precedential Status: Precedential. Third, the burden of establishing removal jurisdiction rests with the defendant seeking removal. Much like we have done, the Seventh Circuit pointed out that 28 U. Donate Now.
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Nor are we persuaded by the authorities Carnival cites.
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The plaintiffs in this case, as the masters of the complaint, could choose as they obviously did a state forum rather than a federal one so long as they were willing to undergo the inconvenience of two separate trials. Filed: July 1st, About Us.
Pursuant to 28 U. Facebook Twitter Show more sharing options Share Close extra sharing options. Since neither party has suggested that the state court ordered or even raised the possibility of a joint trial, we have no occasion to, and do not decide that question.
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According to Carnival, the district court erred in concluding that it lacked subject-matter jurisdiction over the two lawsuits pursuant to the mass-action provision of the Class Action Fairness Act, as codified at 28 U.
Denise AbeidSaba v. Carnival Corporation –
Honeywell International, Inc. Please support our work with a donation. See id.