Thermoset Corp. v. Building Materials Corp of America

by
Thermoset filed a products liability suit in Florida state court against GAF and RSGO. After GAF removed to federal court, the district court granted summary judgment for defendants. Thermoset appealed and shortly afterwards, it became apparent that RSGO was not a diverse party at the time of removal. The court vacated the district court's summary judgment order and remanded with instructions to send this case back to the state court for further proceedings. The court explained that, because RSGO was not a nominal party, its non-diverse citizenship could not be ignored for jurisdictional purposes. And because RSGO was an indispensable party under Rule 19, the court could not preserve jurisdiction over the rest of the case by dismissing RSGO. View "Thermoset Corp. v. Building Materials Corp of America" on Justia Law