context: Although this sweeping language is arguably applicable here, the Fifth Circuit, and numerous other courts, have rejected a broad interpretation of Freeporb-McMoRan and have limited its application to cases involving the addition of parties under Rule 25. The case literature supports a finding that a nondiverse intervenor, having intervened as of right, will defeat jurisdiction if considered indispensable.
citation_a.signal: see also
citation_a.identifier: 462 F.3d 393, 393
citation_a.parenthetical: "If a person cannot be made a party under Rule 19(a) because ... joinder would destroy subject-matter jurisdiction, then a federal court must determine whether that person is 'indispensable.' "
citation_a.sentence: See, e.g., In re Olympic Mills, 477 F.3d at 7 (“If [the intervenor] is entitled to intervene as a matter of right under Rule 24(a)(2) and is an indispensable party under Rule 19(b), the litigation must be dismissed because there would not be complete diversity.” (quoting B. Fernandez & Hnos., Inc. v. Kellogg USA, Inc., 440 F.3d 541, 544 (1st Cir.2006))); Lawyers Title, 2009 WL 2032406, at *6 (“Since1 the Court is of the opinion that Intervenors are qualified to intervene as of right under Rule 24, and because their presence would destroy complete diversity, the Court must next determine whether Intervenors are indispensable to this action .... ”); see also Brown, 462 F.3d at 393 (“If a person cannot be made a party under Rule 19(a) because ... joinder would destroy subject-matter jurisdiction, then a federal court must determine whether that person is ‘indispensable.’ ”).
citation_b.signal: see
citation_b.identifier: 2009 WL 2032406, at *6
citation_b.parenthetical: "Since1 the Court is of the opinion that Intervenors are qualified to intervene as of right under Rule 24, and because their presence would destroy complete diversity, the Court must next determine whether Intervenors are indispensable to this action .... "
citation_b.sentence: See, e.g., In re Olympic Mills, 477 F.3d at 7 (“If [the intervenor] is entitled to intervene as a matter of right under Rule 24(a)(2) and is an indispensable party under Rule 19(b), the litigation must be dismissed because there would not be complete diversity.” (quoting B. Fernandez & Hnos., Inc. v. Kellogg USA, Inc., 440 F.3d 541, 544 (1st Cir.2006))); Lawyers Title, 2009 WL 2032406, at *6 (“Since1 the Court is of the opinion that Intervenors are qualified to intervene as of right under Rule 24, and because their presence would destroy complete diversity, the Court must next determine whether Intervenors are indispensable to this action .... ”); see also Brown, 462 F.3d at 393 (“If a person cannot be made a party under Rule 19(a) because ... joinder would destroy subject-matter jurisdiction, then a federal court must determine whether that person is ‘indispensable.’ ”).