BRT Management LLC v. Malden Storage LLC, No. 22-1389 (1st Cir. 2023)
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The First Circuit vacated the judgment of the trial court against Plaintiff and a third-party defendant, holding that because the parties were unable to establish that no defendant shared state citizenship with any plaintiff remand was required.
Plaintiff brought this lawsuit in federal district court, and Defendants counterclaimed. No party presented a possible basis for federal jurisdiction other than diversity jurisdiction under 28 U.S.C. 1332. After six years of litigation, a trial was held, and the trial court entered a eight-figure judgment against Plaintiff and a third-party defendant. The First Circuit vacated the judgment, holding that the parties have been unable to establish that no defendant shares state citizenship with any plaintiff, and therefore, remand was required so the parties can demonstrate that there is complete diversity.
The court issued a subsequent related opinion or order on June 5, 2023.
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