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: How Appealing

Does the rule requiring that subject-matter jurisdiction be evaluated as of the time the lawsuit was filed prohibit the plaintiff from relying on an amended complaint filed as of right that asserts a valid jurisdictional basis?

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Does the rule requiring that a federal district court's subject-matter jurisdiction be evaluated as of the time the lawsuit was filed prohibit the plaintiff from relying on an amended complaint filed as of right that asserts a valid jurisdictional basis lacking from the original complaint? Senior Circuit Judge Bruce M. Selya issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit in a contentious dispute over who invented the idea behind the Facebook web site. Today's ruling holds that where an amended complaint filed as of right supplies a viable jurisdictional basis, the lawsuit cannot be dismissed merely because the district court lacked subject-matter jurisdiction over the original complaint.

Full post as published by How Appealing on April 04, 2008 (boomark / email).

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