Fourth Circuit Answers Civ Pro Hypothetical
Civil procedure professors love to gin up tricky hypotheticals to quiz 1Ls on the limits of diversity jurisdiction under 28 U.S.C. § 1332(a). The Fourth Circuit recently confronted a real-world scenario involving a dual-citizen LLC and the distinction between § 1332(a)(2) and § 1332(a)(3). In a decision destined to be cited in casebooks, the Fourth…
Continue ReadingFourth Circuit Applies Recent Supreme Court Decision on RICO Injuries
In Percival Partners Ltd. v. Nduom, the Fourth Circuit (Judge Harris, joined by Judge Thacker and Judge Richardson) applied last Term’s decision in Yegiazaryan v. Smagin (2023) to conclude that the plaintiffs’ alleged RICO injury was impermissibly extraterritorial. In an analysis that embraced Yegiazaryan’s contextual approach to siting RICO injuries, the Fourth Circuit held that…
Continue ReadingHow Do Federal Courts Treat Foreign Parallel Litigation?
The Supreme Court has not explained how federal judges should evaluate parallel litigation in foreign courts. If the same parties are litigating the same issues before a foreign tribunal, should the federal court stay its hand? Or should it proceed until one or the other of the cases results in a judgment? The traditional European…
Continue Reading