Holding that where in the state court depositions were taken, discovery requests and thousands of documents were exchanged, the state court has placed the case on its complex administrative track, and defendants have moved for summary judgment, and the federal action were still in the initial pleading stage, the "progress" factor weighed strongly in favor of deferring to the state court
Holding that an admiralty action was permissible in diversity where "it does not affect the interests of others in the world at large, as it would if this were a proceeding in rem to enforce a lien"
Holding that the district court erred in exercising jurisdiction over a shareholder's complaint seeking the liquidation of a Pennsylvania corporation, because state statutes established a mechanism for the shareholder to achieve the same results
Holding that "[t]he United States, as a sovereign, cannot be sued for damages without its prior consent, and the terms of its consent define the court's subject matter jurisdiction."
In Harkin v. Brundage, 276 U.S. 36, 48 S.Ct. 268, 72 L.Ed. 457, the court held that jurisdiction of the Federal court [(D.C.) 13 F.2d 617] was invoked through the practice of fraud by the moving litigant and therefore must be surrendered.
Finding that “admiralty and maritime claims are not removable to federal court unless there exists some independent basis, such as diversity of the parties, for federal jurisdiction.”
2010 Ohio 1291 (Ohio Ct. App. 2010) Cited 17 times
In Cattani, Park National Bank filed a complaint to foreclose on a mortgage on real property consisting of a gas station, convenience store and fast-food restaurant.