Civil Procedure - Diversity Jurisdiction – ‘Citizen’ Agency - Products Liability

By Deborah Elkins
August 6, 2008

The 4th Circuit reluctantly gives products liability plaintiffs another bite at the apple; after a South Carolina federal district court granted summary judgment to a manufacturer in a $7 million suit by state agencies for the cost to replace allegedly defective roof trusses in state buildings, the plaintiff agencies get the case dismissed, based on their belated assertion that the district court lacked diversity jurisdiction.
S.C. Dep’t of Disabilities & Special Needs v. Hoover Universal Inc. (USCA) (VLW 008-2-129) (13 pp.)

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