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Lincoln Property Co. v. Roche

Docket No.: 04-712
Certiorari Granted: Feb 28 2005
Argued: October 11, 2005
Decided: November 29, 2005

Topics:

Judicial Power, Jurisdiction of Federal Courts

PartyNames: Lincoln Property Company, et al. v. Christophe Roche, et ux.
Petitioner: Lincoln Property Company, et al.
Respondent: Christophe Roche, et ux.

Court Below: United States Court of Appeals for the Fourth Circuit

Lincoln Property Company, et al.
v.
Christophe Roche, et ux.
546 U.S. 81 (2005)
Question Presented:

1. Whether an entity not named or joined as a defendant in the lawsuit can nonetheless be deemed a "real party in interest" to destroy complete diversity of citizenship in a case removed from state court under 28 U.S.C. ยง 1441(b).2. Whether a limited partnership's citizenship for diversity subject-matter jurisdiction purposes is determined not by the citizenship of its partners but by whether its business activities establish a "very close nexus" with the state.

Question:

Could defendants remove an action on the basis of diversity of citizenship if there was complete diversity between all named plaintiffs and all named defendants, and no defendant was a citizen of the forum state?

Holding: reversed and remanded
Vote: 9-0
Opinion By:
Read LINCOLN PROPERTY CO. V. ROCHE opinion (PDF)

Read opinion

Other Resources for Lincoln Property Co. v. Roche:
resource.org
justia.com
wikipedia.org