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Litigation

: How Appealing

"An undoubtedly inequitable hardship results from allowing the plaintiffs to prosecute actions in federal court and, after they lose on motions for summary judgment, granting their motions to vacate the judgments"due to a lack of jurisdiction

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"An undoubtedly inequitable hardship results from allowing the plaintiffs to prosecute actions in federal court and, after they lose on motions for summary judgment, granting their motions to vacate the judgments because of a lack of subject matter jurisdiction." Nevertheless, the Fourth Circuit reluctantly affirms the vacation of the judgment against the plaintiffs -- alter egos of the State of South Carolina that were content to sue in federal court until they lost on the merits. You can access today's Fourth Circuit ruling at this link.

The jurisdictional defect was not subject to waiver because subject matter jurisdiction was based on diversity of citizenship, and States are not considered "citizens" for purposes of the diversity jurisdiction statute.

Full post as published by How Appealing on July 30, 2008 (boomark / email).

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