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: 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
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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