The Sixth Circuit today tossed a summary judgment on the ground that the district court lacked subject matter jurisdiction.  The decision turned on the requirement, under 28 U.S.C. 1332(a)(2), for "complete diversity" in suits that include "alien" parties.  The case before the court involved one alien plaintiff (a Grand Cayman Islands corporation) and two alien defendants (a South Korean company and natural person).  The district court granted the defendants’ motion for summary judgment, but because it didn’t have jurisdiction of the subject matter the ruling didn’t count. Peninsula Asset Mgmt. (Cayman) Ltd. v. Hankook Tire Co., Ltd., No. 07-3028 (6th Cir. Dec. 13, 2007).

Barry Barnett

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